Date: 20130930
Docket:
A-113-12
Citation: 2013 FCA 230
CORAM:
BLAIS C.J.
DAWSON J.A.
O’REILLY J.A. (ex officio)
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BETWEEN: |
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TONY OYENUGA |
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Applicant |
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and |
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ATTORNEY GENERAL OF CANADA |
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Respondent |
Heard at Edmonton, Alberta, on September 30, 2013.
Judgment delivered from the Bench at Edmonton, Alberta, on September 30, 2013.
REASONS FOR JUDGMENT OF THE COURT BY: DAWSON J.A.
Date: 20130930
Docket:
A-113-12
Citation: 2013 FCA 230
CORAM:
BLAIS C.J.
DAWSON J.A.
O’REILLY J.A. (ex officio)
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BETWEEN: |
|
TONY OYENUGA |
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Applicant |
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and |
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ATTORNEY GENERAL OF CANADA |
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Respondent |
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Edmonton, Alberta, on September 30, 2013)
DAWSON J.A.
[1] This is an application for judicial review of a decision of the Chief Umpire (CUB 78761). The Chief Umpire dismissed a request made by Mr. Oyenuga, the applicant, for an extension of time to appeal from a decision of the Board of Referees. In the view of the Chief Umpire, there were no special circumstances to warrant an extension of the appeal period and so the appeal was dismissed on the basis that it had been brought out of time.
[2] In his written materials and oral submissions the applicant raised errors he said were made by the Board of Referees. However, on this application the applicant is required to show a reviewable error on the part of the Chief Umpire. To do so he must show that the Chief Umpire improperly exercised his discretion to deny the extension of time. An improper exercise of discretion occurs when an Umpire gives insufficient weight to relevant factors, proceeds on a wrong principle of law, erroneously misapprehends the facts, or where an obvious injustice would result (Apotex v. Canada (Governor in Council) 2007 FCA 374, 370 N.R. 336, at paragraph 15).
[3] Because the applicant has not asserted any error on the part of the Chief Umpire, this application will be dismissed.
[4] In the circumstances no costs are awarded.
"Eleanor R. Dawson"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
Docket:
A-113-12
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STYLE OF CAUSE: |
TONY OYENUGA v. ATTORNEY GENERAL OF CANADA
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PLACE OF HEARING:
Edmonton, Alberta
DATE OF HEARING:
September 30, 2013
REASONS FOR JUDGMENT OF THE COURT BY:
BLAIS C.J.
DAWSON J.A.
O’REILLY J.A. (ex officio)
DELIVERED FROM THE BENCH BY:
DAWSON J.A.
APPEARANCES:
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Tony Oyenuga |
Applicant (ON HIS OWN BEHALF)
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Mary Softley
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For The Respondent
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SOLICITORS OF RECORD:
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William F. Pentney Deputy Attorney General of Canada Edmonton, Alberta
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For The Respondent
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