Canada (Attorney General) v. Usmani

Canada (Attorney General) v. Usmani
Court (s) Database
Federal Court of Appeal Decisions
Date
2012-01-24
Neutral citation
2012 FCA 24
File numbers
A-251-11
Decision Content
Federal Court of Appeal
Cour d'appel fédérale
Date: 20120124
Docket: A-251-11
Citation: 2012 FCA 24
CORAM: EVANS J.A.
SHARLOW J.A.
LAYDEN-STEVENSON J.A.
BETWEEN:
ATTORNEY GENERAL OF CANADA
Applicant
and
FREDERICK USMANI
Respondent
Heard at Toronto, Ontario, on January 23, 2012.
Judgment delivered at Toronto, Ontario, on January 24, 2012.
REASONS FOR JUDGMENT OF THE COURT BY: SHARLOW J.A.
CONCURRED IN BY: EVANS J.A.
LAYDEN-STEVENSON J.A.
Federal Court of Appeal
Cour d'appel fédérale
Date: 20120124
Docket: A-251-11
Citation: 2012 FCA 24
CORAM: EVANS J.A.
SHARLOW J.A.
LAYDEN-STEVENSON J.A.
BETWEEN:
ATTORNEY GENERAL OF CANADA
Applicant
and
FREDERICK USMANI
Respondent
REASONS FOR JUDGMENT
SHARLOW J.A.
[1] An Umpire has upheld a decision of the Board of Referees that Mr. Usmani’s claim for benefits under the Employment Insurance Act, S.C. 1996, c. 23, should be antedated pursuant to subsection 10(4) because he demonstrated just cause for the delay in making his claim. The Crown seeks judicial review of the Umpire’s decision. Given the unusual facts of this case, I cannot conclude the Umpire made any error of law or fact warranting the intervention of this Court. For that reason, I would dismiss this application.
[2] Mr. Usmani appeared at the hearing and was permitted to make oral submissions even though he did not file a notice of appearance, a record or a memorandum of fact and law. At the conclusion of his submissions he asked for costs, and also for an order requiring the Crown to pay him certain other amounts as compensation for damages that he says he and his family suffered because of the wrongful denial of his claim for benefits.
[3] In an application for judicial review of an Umpire’s decision, this Court has no authority to order compensation for damages resulting from a denial of benefits. Mr. Usmani’s request for compensation must be denied for want of jurisdiction.
[4] This Court may award costs in a proceeding in this Court on the basis of the tariff set out in the Federal Courts Rules, and generally does award costs to the successful party. However, as Mr. Usmani did not participate in this matter except for oral submissions on the day of the hearing, I would award him no costs.
“K. Sharlow”
J.A.
“I agree
John M. Evans J.A.”
“I agree
Carolyn Layden-Stevenson J.A.”
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-251-11
(AN APPLICATION FOR JUDICIAL REVIEW OF THE DECISION OF THE HONOURABLE MR. JUSTICE T.G. SENIUK, AS UMPIRE, DATED APRIL 29, 2011, DOCKET NO. CUB 76922).
STYLE OF CAUSE: ATTORNEY GENERAL OF
CANADA v. FREDERICK
USMANI
PLACE OF HEARING: Toronto, Ontario
DATE OF HEARING: January 23, 2012
REASONS FOR JUDGMENT
OF THE COURT BY: SHARLOW J.A.
CONCURRED IN BY: EVANS J.A.
LAYDEN-STEVENSON J.A.
DATED: January 24, 2012
APPEARANCES:
Derek Edwards
FOR THE APPLICANT
Frederick Usmani
FOR THE RESPONDENT
(self-represented)
SOLICITORS OF RECORD:
Myles J. Kirvan
Deputy Attorney General of Canada
FOR THE APPLICANT
N/A
FOR THE RESPONDENT
(self-represented)