Federal Court of Appeal Decisions

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Date: 20060209

Docket: A-298-05

Citation: 2006 FCA 57

CORAM:        ROTHSTEIN J.A.

                        SHARLOW J.A.

                        MALONE J.A.

BETWEEN:

THE ATTORNEY GENERAL OF CANADA

Applicant

and

DOREEN MYERS

Respondent

Heard at Toronto, Ontario, on February 9, 2006.

Judgment delivered from the Bench at Toronto, Ontario, on February 9, 2006.

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


Date: 20060209

Docket: A-298-05

Citation: 2006 FCA 57

CORAM:        ROTHSTEIN J.A.

                        SHARLOW J.A.

                        MALONE J.A.

BETWEEN:

THE ATTORNEY GENERAL OF CANADA

Applicant

and

DOREEN MYERS

Respondent

REASONS FOR JUDGMENT OF THE COURT

(Delivered from the Bench at Toronto, Ontario, on February 9, 2006)

SHARLOW J.A.

[1]                Despite the able submissions of counsel for the Attorney General, we are not persuaded that the record discloses any conclusion by the Umpire that was not reasonably open to him on the evidence.

[2]                This application for judicial review will be dismissed with costs that are fixed at $400.00 in total.

                                                                                                            "K. Sharlow"

J.A.


FEDERAL COURT

NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                           A-298-05

STYLE OF CAUSE:                           ATTORNEY GENERAL OF CANADA

                                                                                                                APPLICANT

and

DOREEN MYERS

                                                                                                                RESPONDENT

PLACE OF HEARING:                     TORONTO, ONTARIO

DATE OF HEARING:                       FEBRUARY 9, 2006

REASONS FOR JUDGMENT

OF THE COURT BY:                        ROTHSTEIN, SHARLOW & MALONE J.A.

DELIVERED FROM THE

BENCH BY:                                        SHARLOW J.A.

DATED:                                              FEBRUARY 9, 2006   

APPEARANCES:

Derek Edwards                                                                         FOR THE APPLICANT

Doreen Myers                                                                           FOR THE RESPONDENT

SOLICITORS OF RECORD:

John H. Sims, Q.C.

Deputy Attorney General of Canada                                          FOR THE APPLICANT

Doreen Myers

Stratford, Ontario                                                                      FOR THE RESPONDENT

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