BETWEEN:
and
Heard at Edmonton, Alberta, on June 10, 2013.
Judgment delivered from the Bench at Edmonton, Alberta, on June 10, 2013.
REASONS FOR JUDGMENT OF THE COURT BY: TRUDEL J.A.
Docket: A-434-12
Citation: 2013 FCA 152
CORAM: PELLETIER J.A.
TRUDEL J.A.
MAINVILLE J.A.
BETWEEN:
IVAN DACKO
Applicant
and
ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Edmonton, Alberta, on June 10, 2013)
[1] The respondent concedes that the Umpire made a reviewable error in failing to address the evidence and additional information submitted by the applicant in a letter dated April 2, 2012. We agree with this submission and are all of the view that this matter should be sent back for redetermination.
[2] As a result, the application for judicial review will be allowed without costs, the decision of the Umpire will be set aside and the matter will be returned to the Umpire-in-Chief or his designate to be determined again taking into consideration the parties’ evidence and submissions, including the applicant’s letter dated April 2, 2012 and its attachments.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-434-12
STYLE OF CAUSE: Ivan Dacko v.
Attorney General of Canada
PLACE OF HEARING: Edmonton, Alberta
DATE OF HEARING: June 10, 2013
REASONS FOR JUDGMENT OF THE COURT BY: (PELLETIER, TRUDEL, MAINVILLE JJ.A.)
DELIVERED FROM THE BENCH BY: TRUDEL J.A.
APPEARANCES:
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FOR THE APPLICANT
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FOR THE RESPONDENT
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SOLICITORS OF RECORD:
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Deputy Attorney General of Canada |
FOR THE RESPONDENT
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