Lau v. Canada (Human Resources and Social Development)

Lau v. Canada (Human Resources and Social Development)
Court (s) Database
Federal Court of Appeal Decisions
Date
2006-09-11
Neutral citation
2006 FCA 299
File numbers
A-91-05
Decision Content
Date: 20060911
Docket: A-91-05
Citation: 2006 FCA 299
CORAM: RICHARD C.J.
SHARLOW J.A.
PELLETIER J.A.
BETWEEN:
MING LAU
Applicant
and
HUMAN RESOURCES DEVELOPMENT CANADA
Respondent
Heard at Toronto, Ontario, on September 11, 2006.
Judgment delivered from the Bench at Toronto, Ontario, on September 11, 2006.
REASONS FOR JUDGMENT OF THE COURT BY: SHARLOW J.A.
Date: 20060911
Docket: A-91-05
Citation: 2006 FCA 299
CORAM: RICHARD C.J.
SHARLOW J.A.
PELLETIER J.A.
BETWEEN:
MING LAU
Applicant
and
HUMAN RESOURCES DEVELOPMENT CANADA
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Toronto, Ontario, on September 11, 2006)
SHARLOW J.A.
[1] This is an application for judicial review of the decision of an Umpire dated February 4, 2005 (CUB 61630A) in which he denied the applicant’s request for reconsideration of the dismissal of his appeal.
[2] The applicant had applied for employment insurance benefits in 1995. He was outside of Canada from November 8, 1995 to February 28, 1996 and did not inform the Employment Insurance Commission as he was obliged to do. He had received benefits for this period, but the Commission found him to be ineligible for those benefits, and ordered him to repay them. The applicant was also penalized for knowingly making false and misleading statements because he had failed to report his absence from Canada.
[3] The applicant appealed to the Board of Referees, which denied his appeal. The applicant then appealed to an Umpire. That appeal was dismissed on August 30, 2004. In December of 2004, the applicant requested reconsideration of the Umpire’s decision on the basis of his belief that a customs officer had unlawfully opened his mail and informed the Commission of his absence from Canada, thereby breaching the Privacy Act. The applicant’s request for reconsideration was denied on the basis that the he had presented no new facts to the Umpire to warrant reconsideration under section 120 of the Employment Insurance Act. The applicant now applies to this Court for judicial review.
[4] Having reviewed the record and having considered the applicant’s submissions, we can find no legal or other error in the Umpire’s decision that warrants the intervention of this Court. We agree with the respondent that the applicant presented no new facts to the Umpire. We are satisfied that the Umpire properly denied the applicant’s request for reconsideration under section 120 of the Employment Insurance Act.
[5] This application for judicial review will be dismissed with costs.
"K. Sharlow"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-91-05
STYLE OF CAUSE: Ming Lau v.
Human Resources Development Canada
PLACE OF HEARING: Toronto, Ontario
DATE OF HEARING: September 11, 2006
REASONS FOR JUDGMENT OF THE COURT BY: (RICHARD C.J.,
SHARLOW J.A.,
PELLETIER J.A.)
DELIVERED FROM THE BENCH BY: SHARLOW J.A.
APPEARANCES:
Ming Lau
(on his own behalf)
FOR THE APPLICANT
Rina Li
FOR THE RESPONDENT
SOLICITORS OF RECORD:
John H. Sims, Q.C.
Deputy Attorney General of Canada
Toronto, Ontario
FOR THE RESPONDENT
Date: 20060911
Docket: A-91-05
Toronto, Ontario, September 11, 2006
CORAM: RICHARD C.J.
SHARLOW J.A.
PELLETIER J.A.
BETWEEN:
MING LAU
Applicant
and
HUMAN RESOURCES DEVELOPMENT CANADA
Respondent
JUDGMENT
The application for judicial review is dismissed with costs.
"J. Richard"
Chief Justice