BETWEEN:
and
Heard at Toronto, Ontario, on January 9, 2006.
Judgment delivered from the Bench at Toronto, Ontario, on January 9, 2006.
REASONS FOR JUDGMENT OF THE COURT BY: EVANS J.A.
Docket: A-293-05
Citation: 2006 FCA 7
CORAM: DÉCARY J.A.
SEXTON J.A.
EVANS J.A.
BETWEEN:
LEONARDO G. GALUEGO
Applicant
and
ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Toronto, Ontario, on January 9, 2006)
[1] This is an application for judicial review by Leonardo E. Galuego requesting the Court to set aside a decision by an Umpire, dated March 7, 2005, in which he refused Mr. Galuego's request to reconsider an earlier decision, dated August 30, 2004.
[2] In the decision under review, the Umpire held that Mr. Galuego had not adduced new facts or established that the earlier decision had been made without knowledge of or was based on a mistake concerning a material fact, as required for a reconsideration by section 120 of the Employment Insurance Act, S.C. 1996, c. 23.
[3] Having read the Umpire's full reasons, we are not persuaded that he committed any reviewable error in dismissing the Applicant's request for a reconsideration.
[4] The application for judicial review will therefore be dismissed. Counsel for the Minister did not request costs and none will be awarded.
"John M. Evans"
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-293-05
STYLE OF CAUSE: LEONARDO G. GALUEGO
Applicant
and
ATTORNEY GENERAL OF CANADA
Respondent
DATE OF HEARING: JANUARY 9, 2006
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR JUDGMENT OF
THE COURT BY: (DÉCARY, SEXTON, EVANS JJ.A.)
DELIVERED FROM THE
BENCH BY: EVANS J.A.
APPEARANCES:
Leonardo G. Galuego For the Applicant, On His Own Behalf
Derrick Edwards For the Respondent
SOLICITORS OF RECORD:
Leonardo G. Galuego For the Applicant On His Own Behalf
Toronto, Ontario
John H. Sims, Q.C. For the Respondent
Deputy Attorney General of Canada
Toronto, Ontario