JUSTIN S. SCHMALTZ Applicant v. THE ATTORNEY GENERAL OF CANADA, 2003 FCA 175

Date: 20030403 Docket: A-466-00 Neutral citation: 2003 FCA 175 CORAM: EVANS, J.A. SHARLOW, J.A. MALONE, 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. SHARLOW, J.A. MALONE, 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