Irvine v. Canada (Attorney General)

Irvine v. Canada (Attorney General)
Court (s) Database
Federal Court of Appeal Decisions
Date
2011-06-20
Neutral citation
2011 FCA 210
File numbers
A-269-10
Decision Content
Federal Court of Appeal
Cour d'appel fédérale
Date: 20110620
Docket: A-269-10
Citation: 2011 FCA 210
CORAM: PELLETIER J.A.
DAWSON J.A.
MAINVILLE J.A.
BETWEEN:
DON IRVINE
Applicant
and
ATTORNEY GENERAL OF CANADA
Respondent
Heard at Saskatoon, Saskatchewan, on June 20, 2011.
Judgment delivered from the Bench at Saskatoon, Saskatchewan, on June 20, 2011.
REASONS FOR JUDGMENT OF THE COURT BY: PELLETIER J.A.
Federal Court of Appeal
Cour d'appel fédérale
Date: 20110620
Docket: A-269-10
Citation: 2011 FCA 210
CORAM: PELLETIER J.A.
DAWSON J.A.
MAINVILLE J.A.
BETWEEN:
DON IRVINE
Applicant
and
ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Saskatoon, Saskatchewan, on June 20, 2011)
PELLETIER J.A.
[1] We are all of the view that Mr. Irvine’s application for judicial review of Umpire Marin’s decision dismissing his application for reconsideration under section 120 of the Employment Insurance Act, S.C. 1996, c. 23, must be dismissed.
[2] The ground advanced for the application for reconsideration was that the Umpire erred in failing to give effect to a material fact when he ignored the handwritten alterations to the Proposal in Bankruptcy which was incorporated into an order of the Court of Queen’s Bench in Bankruptcy and Insolvency on the basis that the alterations were not authenticated.
[3] In our view, none of the handwritten alterations was, in any way, material to Mr. Irvine’s claim. The Umpire recognized this and, as a result, he dismissed the application for reconsideration. We find no error in his having done so.
[4] As a result, the application for judicial review will be dismissed, but without costs.
"J.D. Denis Pelletier"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-269-10
APPLICATION FOR JUDICIAL REVIEW FROM A DECISION OF THE HONOURABLE R.J. MARIN, UMPIRE, DATED NOVEMBER 25, 2009
STYLE OF CAUSE: DON IRVINE and ATTORNEY GENERAL OF CANADA
PLACE OF HEARING: Saskatoon, Saskatchewan
DATE OF HEARING: June 20, 2011
REASONS FOR JUDGMENT OF THE COURT BY: PELLETIER, DAWSON, MAINVILLE, JJ.A.
DELIVERED FROM THE BENCH BY: PELLETIER J.A.
APPEARANCES:
Ronald Cherkewich
FOR THE APPLICANT
Benoit Laframboise
FOR THE RESPONDENT
SOLICITORS OF RECORD:
Legal Services
Prince Albert, Saskatchewan
FOR THE APPLICANT
Myles J. Kirvan
Deputy Attorney General of Canada
FOR THE RESPONDENT