Date: 20030403
Docket: A-466-00
Neutral citation: 2003 FCA 175
CORAM: EVANS, J.A.
BETWEEN:
JUSTIN S. SCHMALTZ
Applicant
and
THE ATTORNEY GENERAL OF CANADA
Respondent
Heard at Calgary, Alberta, on Thursday, April 3, 2003.
Judgment delivered from the Bench at Calgary, Alberta, on Thursday, April 3, 2003.
REASONS FOR JUDGMENT OF THE COURT BY: EVANS, J.A.
Date: 20030403
Docket: A-466-00
Neutral citation: 2003 FCA 175
CORAM: EVANS, J.A.
BETWEEN:
JUSTIN S. SCHMALTZ
Applicant
and
THE ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR JUDGMENT OF THECOURT
(Delivered from the Bench at Calgary, Alberta
on Thursday, April 3, 2003.)
EVANS, J.A.
[1] This is an application for judicial review by Justin S. Schmaltz to set aside a decision by an Umpire, dated May 21, 1998, and the reconsideration of that decision, dated December 11, 1998. The Umpire dismissed the appeals by Mr. Schmaltz from decisions of the Board of Referees dismissing his appeals from the penalties imposed on him by the Commission for making false and misleading statements with respect to employment insurance claims.
[2] In reaching his decision, the Umpire exercised his discretion to refuse requests by Mr. Schmaltz to adjourn or reschedule the hearing. We are not persuaded that the Umpire made any error in dismissing the appeals.
[3] For these reasons the application for judicial review will be dismissed with costs in the lump sum of $2,000.00 inclusive of disbursements.
"John M. Evans"
J. A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-466-00
STYLE OF CAUSE: Justin S. Schmaltz v. The Attorney
General of Canada
PLACE OF HEARING: CALGARY, Alberta
DATE OF HEARING: April 3, 2003
REASONS FOR JUDGMENT
OF THE COURT BY: (EVANS, SHARLOW, & MALONE, JJ.A.)
DELIVERED FROM THE BENCH BY: EVANS, J.A.
DATED: April 3, 2003
APPEARANCES:
Mr. Justin S. Schmaltz ON HIS OWN BEHALF
THE APPLICANT
Mr. John C. O'Callaghan FOR THE RESPONDENT
SOLICITORS OF RECORD:
Mr. Justin S. Schmaltz ON HIS OWN BEHALF
THE APPLICANT
Morris A. Rosenberg
Deputy Attorney General of Canada FOR THE RESPONDENT