Federal Court Decision #A-533-84 - THE ATTORNEY GENERAL OF CANADA v. RANDY, WILSON

JUDGMENT OF THE FEDERAL COURT OF APPEAL

Date:
September 19, 1984

Docket:
A-533-84

Umpire's Decision:
CUB 8568

CORAM:

THE HONOURABLE. MR. PRATTE
THE HONOURABLE MR. URIE
THE HONOURABLE MR. CULLITON, D.J

IN THE MATTER OF an Appeal to the Umpire pursuant to the provisions
of the Unemployment Insurance Act, 1971, S.C. 1970-71-72,
Chapter 48 and amendment thereto;

AND IN THE MATTER OF an Application under
Section 28 of the Federal Court Act;

BETWEEN:

THE ATTORNEY GENERAL OF CANADA,

applicant,

- and -

RANDY WILSON,

respondent.

JUDGMENT

The application under section 28 of the Federal Court Act is dismissed.

REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Toronto
on Wednesday, September 19, 1984)

THE HONOURABLE MR. PRATTE:

We are all of opinion that this application should be dismissed. In our view, the decision under attack is not vitiated by any of the errors mentioned in subsection 28(1) of the Federal Court Act. Contrary to what was argued on behalf of the Applicant, the Chief Umpire, on the basis of the record before him, court not conclude that the decision of the Board of Referees had been made : " in a perverse or capricious manner or without regard for the material before it".

(Louis Pratte)

J.F.C.C.