Palmer v. Canada (Attorney General)

Palmer v. Canada (Attorney General)
Court (s) Database
Federal Court of Appeal Decisions
Date
2010-01-11
Neutral citation
2010 FCA 5
File numbers
A-72-09, A-73-09, A-74-09
Decision Content
Date: 20100111
Docket: A-73-09
A-72-09
A-74-09
Citation: 2010 FCA 5
CORAM: BLAIS C.J.
SHARLOW J.A.
PELLETIER J.A.
A-73-09
BETWEEN:
RONALD PALMER
Applicant
and
THE ATTORNEY GENERAL OF CANADA
Respondent
A-72-09
BETWEEN:
WESLEY KREIDER
Applicant
and
THE ATTORNEY GENERAL OF CANADA
Respondent
A-74-09
BETWEEN:
ROBERT KING
Applicant
and
THE ATTORNEY GENERAL OF CANADA
Respondent
Heard at Calgary, Alberta, on January11, 2010.
Judgment delivered from the Bench at Calgary, Alberta, on January 11, 2010.
REASONS FOR JUDGMENT OF THE COURT BY: PELLETIER J.A.
Date: 20100111
Docket: A-73-09
Citation: 2010 FCA 5
CORAM: BLAIS C.J.
SHARLOW J.A.
PELLETIER J.A.
A-73-09
BETWEEN:
RONALD PALMER
Applicant
and
THE ATTORNEY GENERAL OF CANADA
Respondent
A-72-09
BETWEEN:
WESLEY KREIDER
Applicant
and
THE ATTORNEY GENERAL OF CANADA
Respondent
A-74-09
BETWEEN:
ROBERT KING
Applicant
and
THE ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Calgary, Alberta, on January 11, 2010)
PELLETIER J.A.
[1] We are all of the opinion that the Umpire breached the duty of fairness owed to the applicants when he effectively set aside the Board of Referees’ decisions when he referred the matter back to the Board of Referees for redetermination without giving the applicants the opportunity to be heard.
[2] The application for judicial review should be allowed with costs. The decision of the Umpire should be set aside and the matter should be remitted to the Chief Umpire or his delegate for redetermination in accordance with the requirements of natural justice.
“J.D. Denis Pelletier”
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKETS: A-73-09
RONALD PALMER v. THE ATTORNEY GENERAL OF CANADA
A-72-09
WESLEY KREIDER v. THE ATTORNEY GENERAL OF CANADA
A-74-09
ROBERT KING v. THE ATTORNEY GENERAL OF CANADA
PLACE OF HEARING: Calgary, Alberta
DATE OF HEARING: January 11, 2010
REASONS FOR JUDGMENT OF THE COURT BY: BLAIS C.J., SHARLOW,
PELLETIER JJ.A.
DELIVERED FROM THE BENCH BY: PELLETIER J.A.
APPEARANCES:
E. Wayne Benedict FOR THE APPLICANTS
Margaret McCabe FOR THE RESPONDENT
SOLICITORS OF RECORD:
McGown Johnson FOR THE APPLICANTS
Calgary, Alberta
John H. Sims, Q.C. FOR THE RESPONDENT
Deputy Attorney General of Canada