Date: 20020304
Docket: A-417-01
Neutral citation: 2002 FCA 91
CORAM: STRAYER J.A.
BETWEEN:
THE ATTORNEY GENERAL
OF CANADA
Applicant
and
MICHAEL R. WOODS
Respondent
Heard at Vancouver, British Columbia, on March 4, 2002.
Judgment delivered at from the Bench at Vancouver, British Columbia, on March 4, 2002.
Date: 20020304
Docket: A-417-01
Neutral citation: 2002 FCA 91
CORAM: STRAYER J.A.
SHARLOW J.A.
MALONE J.A.
BETWEEN:
THE ATTORNEY GENERAL
OF CANADA
Applicant
and
MICHAEL R. WOODS
Respondent
REASONS FOR ORDER
(Delivered from the Bench at
Vancouver, British Columbia, on March 4, 2002)
STRAYER J.A.
[1] The only issue the Umpire had jurisdiction to address was whether the Board had erred in its conclusions regarding the calculation of Mr. Woods' overpayment. Neither he nor the Board had jurisdiction or authority to compel the Commission to exercise its discretion to write off an overpayment. Further, neither the Board nor the Umpire are free to declare the Commission's refusal to be an abuse of process.
[2] The Umpire did not find any error in the Board's conclusions that the claimant did not declare all of his earnings and that the Commission had correctly calculated the overpayment. He specifically found that there had been no denial of natural justice by the Board of Referees, the ground on which the claimant had appealed to the Umpire. Thus there was no basis for him to allow the appeal from the Board's decision.
[3] The application for judicial review must be allowed, the decision of the Umpire set aside, and the matter referred back to the Chief Umpire or his designate for determination on the basis that the claimant's appeal from the decision of the Board of Referees should be dismissed.
(Sgd.) "B.L. Strayer"
J.A.
Vancouver, British Columbia
March 4, 2002
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-417-01
STYLE OF CAUSE: AGC v. Michael R. Woods
PLACE OF HEARING: Vancouver, BC
DATE OF HEARING: March 4, 2002
REASONS FOR JUDGMENT : STRAYER J.A.
CONCURRED IN BY: SHARLOW, MALONE JJ.A.
DATED: March 4, 2002
APPEARANCES:
Curtis Workun FOR THE APPLICANT
Michael Woods FOR THE RESPONDENT
SOLICITORS OF RECORD:
Deputy Attorney General of Canada FOR THE APPLICANT
Michael Woods FOR THE RESPONDENT
Dawson City, Yukon