Federal Court of Appeal Decisions

Date: 20060315

Docket: A-624-04

Citation: 2006 FCA 110

CORAM:        DÉCARY J.A.

                        SEXTON J.A.

                        MALONE J.A.

BETWEEN:

VERNONNICKERSON

Applicant

and

EMPLOYMENT INSURANCE COMMISSSION

Respondent

Heard at Ottawa, Ontario, on March 15, 2006.

Judgment delivered from the Bench at Ottawa, Ontario, on March 15, 2006.

REASONS FOR JUDGMENT OF THE COURT BY:                                                DÉCARY J.A.

Date: 20060315

Docket: A-624-04

Citation: 2006 FCA 110

CORAM:        DÉCARY J.A.

                        SEXTON J.A.

                        MALONE J.A.

BETWEEN:

VERNONNICKERSON

Applicant

and

EMPLOYMENT INSURANCE COMMISSSION

Respondent

REASONS FOR JUDGMENT OF THE COURT

(Delivered from the Bench at Ottawa, Ontario, on March 15, 2006)

DÉCARY J.A.

[1]                We are of the view that this application for judicial review cannot succeed.

[2]                The applicant sought judicial review not of the original decision of the Umpire but of the Umpire's reconsideration decision. He alleges, however, no error in the reconsideration decision and his arguments are all aimed at the original decision.

[3]                This Court has said repeatedly that absent special circumstances it will not use a judicial review of the reconsideration decision as a vehicle to attack collaterally the original decision. The fact that an applicant is self-represented does not in itself constitute special circumstances. (see Clow v. Canada(Employment Insurance Commission), [2004] FCA 439; Mansour v. Canada (Attorney General), [2001] FCA 328; Schooner v. Canada(Attorney General), [2004] FCA 411).

[4]                In any event, the applicant conceded that this application has no longer any financial impact on him. What he really wants this Court to do is to ask the Employment Insurance Commission to change the way in which earnings are to be reported in cases where a claimant is not in a position to be immediately paid what he earned. This is a matter, we are told, he has already raised in another proceeding.

[5]                The application will be dismissed without costs.

"Robert Décary"

FEDERAL COURT OF APPEAL

NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                           A-624-04

Application for judicial review from a decision of the Umpire dated October 7, 2004

STYLE OF CAUSE:                           VERNON NICKERSON v.

                                                            EMPLOYMENT INSURANCE COMMISSION       

PLACE OF HEARING:                     Ottawa, Ontario

DATE OF HEARING:                       March 15, 2006

REASONS FOR JUDGMENT OF THE COURT: Décary J.A.

CONCURRED IN BY:                                              Sexton J.A.

                                                                                        Malone J.A.             

DELIVERED FROM THE BENCH BY: Décary J.A.         

APPEARANCES:

Mr. Vernon Nickerson                          APPLICANT

Ms. Catherine Lawrence                        FOR THE RESPONDENT

SOLICITORS OF RECORD:

Mr. Vernon Nickerson, appearing on his own behalf                  APPLICANT

John Sims, Deputy Attorney General of Canada,

Ottawa, Ontario                                                                        FOR THE RESPONDANT