Date: 20021002
Docket: A-713-01
Neutral citation: 2002 FCA 355
CORAM: DÉCARY J.A.
LINDEN J.A.
BETWEEN:
ATTORNEY GENERAL
OF CANADA
Applicant
and
SHELLEY MARIE MOSHER
Respondent
Heard at Vancouver, British Columbia, on October 1, 2002
Judgment rendered at Vancouver, British Columbia, on October 2, 2002
REASONS FOR JUDGMENT BY: DÉCARY J.A.
CONCURRED IN BY: LINDEN J.A.
LÉTOURNEAU J.A.
Date: 20021002
Docket: A-713-01
Neutral citation: 2002 FCA 355
CORAM: DÉCARY J.A.
LINDEN J.A.
LÉTOURNEAU J.A.
BETWEEN:
ATTORNEY GENERAL
OF CANADA
Applicant
and
SHELLEY MARIE MOSHER
Respondent
REASONS FOR JUDGMENT
DÉCARY J.A.
[1] The Umpire failed to determine the only issue before him, specifically, whether or not the allocation of earnings was properly made. Instead, he embarked upon a separate area of inquiry, that being whether or not the Commission had committed a reviewable error in refusing to write off the overpayment that had been created by the allocation.
[2] It is settled law that such an inquiry is beyond the purview of the Umpire and can only be undertaken by way of judicial review of the Commission's decision in the Federal Court Trial Division (see Canada (Procureur général) v. Filiatrault, (1998), 235 N.R. 274 (F.C.A.); Canada (Attorney General) v. Idemudia (1999), 236 N.R. 352 (F.C.A.)) .
[3] As a result, the Court cannot but allow the application for judicial review, set aside the decision of the Umpire and refer the matter back to the Chief Umpire or his designate for determination of the sole issue which is within the Umpire's jurisdiction, i.e. whether or not the allocation of earnings was properly made.
[4] The Court was informed at the hearing that the Commission had written off the debt owed to the Crown in this matter by the respondent. This write-off does not affect the amounts already recouped by the Commission. These amounts, and these only, remain in issue.
[5] No costs should be awarded.
(Sgd.) "Robert Décary"
J.A.
"I agree
Allen M. Linden" J.A.
"I agree
Gilles Létourneau, J.A."
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-713-01
STYLE OF CAUSE: Attorney General of Canada v. Shelley Marie Mosher
PLACE OF HEARING: Vancouver
DATE OF HEARING: October 1, 2002
REASONS FOR JUDGMENT BY: DÉCARY J.A.
CONCURRED IN BY: LINDEN, LÉTOURNEAU JJ.A.
DATED: October 2, 2002
APPEARANCES:
Mr. Curtis Workun FOR THE APPELLANT
Ms. Shelley Marie Mosher FOR THE RESPONDENT
SOLICITORS OF RECORD:
Mr. Morris Rosenburg FOR THE APPELLANT
Deputy Attorney General of Canada
FOR THE RESPONDENT
Ms. Shelley Marie Mosher
(appearing on her own behalf)