ATTORNEY GENERAL OF CANADA Applicant v. FREDERICK USMANI, 2012 FCA 24

Federal Court of Appeal Cour d'appel fédérale Federal Court of Appeal Cour d'appel fédérale Date: 20120124 Docket: A-251-11 Citation: 2012 FCA 24 CORAM: EVANS J.A. SHARLOW J.A. LAYDEN-STEVENSON J.A. BETWEEN: ATTORNEY GENERAL OF CANADA Applicant and FREDERICK USMANI Respondent Heard at Toronto, Ontario , on January 23, 2012. Judgment delivered at Toronto, Ontario , on January 24, 2012. REASONS FOR JUDGMENT OF THE COURT BY: SHARLOW J.A. CONCURRED IN BY: EVANS J.A. LAYDEN-STEVENSON J.A. Date: 20120124 Docket: A-251-11 Citation: 2012 FCA 24 CORAM: EVANS J.A. SHARLOW J.A. LAYDEN-STEVENSON J.A. BETWEEN: ATTORNEY GENERAL OF CANADA Applicant

and FREDERICK USMANI Respondent REASONS FOR JUDGMENT SHARLOW J.A. [ 1 ] An Umpire has upheld a decision of the Board of Referees that Mr. Usmani’s claim for benefits under the Employment Insurance Act , S.C. 1996, c. 23, should be antedated pursuant to subsection 10(4) because he demonstrated just cause for the delay in making his claim. The Crown seeks judicial review of the Umpire’s decision. Given the unusual facts of this case, I cannot conclude the Umpire made any error of law or fact warranting the intervention of this Court. For that reason, I would dismiss this application. [ 2 ] Mr.

Usmani appeared at the hearing and was permitted to make oral submissions even though he did not file a notice of appearance, a record or a memorandum of fact and law. At the conclusion of his submissions he asked for costs, and also for an order requiring the Crown to pay him certain other amounts as compensation for damages that he says he and his family suffered because of the wrongful denial of his claim for benefits. [ 3 ] In an application for judicial review of an Umpire’s decision, this Court has no authority to order compensation for damages resulting from a denial of benefits. Mr.

Usmani’s request for compensation must be denied for want of jurisdiction. [ 4 ] This Court may award costs in a proceeding in this Court on the basis of the tariff set out in the Federal Courts Rules , and generally does award costs to the successful party. However, as Mr. Usmani did not participate in this matter except for oral submissions on the day of the hearing, I would award him no costs. “K. Sharlow” J.A. “I agree John M. Evans J.A.” “I agree Carolyn Layden-Stevenson J.A.” FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET: A-251-11 (AN APPLICATION FOR JUDICIAL REVIEW OF THE DECISION OF THE HONOURABLE MR. JUSTICE T.G. SENIUK, AS UMPIRE, DATED APRIL 29, 2011, DOCKET NO. CUB 76922). STYLE OF CAUSE: ATTORNEY GENERAL OF CANADA v. FREDERICK USMANI PLACE OF HEARING: Toronto , Ontario DATE OF HEARING: January 23, 2012 REASONS FOR JUDGMENT OF THE COURT BY: SHARLOW J.A. CONCURRED IN BY: EVANS J.A. LAYDEN-STEVENSON J.A. DATED: January 24, 2012 APPEARANCES : Derek Edwards FOR THE APPLICANT Frederick Usmani FOR THE RESPONDENT (self-represented) SOLICITORS OF RECORD :

Myles J. Kirvan Deputy Attorney General of Canada FOR THE APPLICANT N/A FOR THE RESPONDENT (self-represented)