Cundle v. Canada (Human Resources Development)

Cundle v. Canada (Human Resources Development)
Court (s) Database
Federal Court of Appeal Decisions
Date
2007-11-05
Neutral citation
2007 FCA 364
File numbers
A-603-06
Decision Content
Date: 20071105
Docket: A-603-06
Citation: 2007 FCA 364
CORAM: SEXTON J.A.
PELLETIER J.A.
RYER J.A.
BETWEEN:
JOHN D. CUNDLE
Applicant
and
HUMAN RESOURCES AND SKILLS DEVELOPMENT CANADA
Respondent
Heard at Toronto, Ontario, on November 5, 2007.
Judgment delivered from the Bench at Toronto, Ontario, on November 5, 2007.
REASONS FOR JUDGMENT OF THE COURT BY: PELLETIER J.A.
Date: 20071105
Docket: A-603-06
Citation: 2007 FCA 364
CORAM: SEXTON J.A.
PELLETIER J.A.
RYER J.A.
BETWEEN:
JOHN D. CUNDLE
Applicant
and
HUMAN RESOURCES AND SKILLS DEVELOPMENT CANADA
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Toronto, Ontario, on November 5, 2007)
PELLETIER J.A.
[1] The applicant seeks to set aside the decision of Umpire Riche which dismissed his application for judicial review of the Board of Referee's decision upholding the Commission's disallowance of his claim for benefits.
[2] The difficulty facing the applicant is that the version of the facts on which he relies was first given to the Commission in his notice of appeal from the Commission's decision (exhibit 9, at page 58 of the respondent's record). In fact, on the day before filing his notice of appeal, the applicant explained his reasons for leaving Ivaco without mentioning any issue of harassment: see page 57 of the respondent's record.
[3] In the circumstances, the Board of Referees was entitled to make findings of fact on the basis of all the evidence. In doing so, it obviously discounted the documentary evidence submitted by the applicant in favour of his earlier statements to the Commission. The Umpire found that the Board of Referees was entitled to proceed in that way. We find no error in the Umpire's conclusion on that point.
[4] Accordingly, the application will be dismissed with costs.
"J.D. Denis Pelletier"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-603-06
(APPEAL FROM the decision OF THE UMPIRE, Hon. David Riche DATED November 30, 2006, from CUB 6433A, whereby the appeal from the claimant was dismissed.)
STYLE OF CAUSE: JOHN D. CUNDLE and
HUMAN RESOURCES AND SKILLS DEVELOPMENT CANADA
PLACE OF HEARING: Toronto, Ontario
DATE OF HEARING: November 5, 2007
REASONS FOR JUDGMENT
OF THE COURT BY: Sexton, Pelletier, Ryer JJ.A.
DELIVERED FROM THE BENCH BY: PELLETIER J.A.
APPEARANCES:
John D. Cundle
FOR THE APPLICANT,
ON HIS OWN BEHALF
Derek Edwards
FOR THE RESPONDENT
SOLICITORS OF RECORD:
John H. Sims, Q.C.
Deputy Attorney General of Canada
Ottawa, Ontario
FOR THE RESPONDENT