JOUNG-KWANG LEE Applicant v. ATTORNEY GENERAL OF CANADA, 2012 FCA 241

Date: 20120919 Docket: A-71-12 Citation: 2012 FCA 241 CORAM: NADON J.A. DAWSON J.A. STRATAS J.A. BETWEEN: JOUNG-KWANG LEE Applicant and ATTORNEY GENERAL OF CANADA Respondent and FUTURE BAKERY LIMITED AND BORYS WRZESNEWSKYJ Respondents Heard at Toronto, Ontario, on September 19, 2012. Judgment delivered from the Bench at Toronto, Ontario, on September 19, 2012. REASONS FOR JUDGMENT OF THE COURT BY: STRATAS J.A. Date: 20120919 Docket: A-71-12 Citation: 2012 FCA 241 CORAM: NADON J.A. DAWSON J.A. STRATAS J.A. BETWEEN:

JOUNG-KWANG LEE Applicant and ATTORNEY GENERAL OF CANADA Respondent and FUTURE BAKERY LIMITED AND BORYS WRZESNEWSKYJ Respondents REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Toronto, Ontario, on September 19, 2012) STRATAS J.A. [ 1 ] The applicant has applied for judicial review in response to a decision of the Umpire on December 2, 2011. The Umpire dismissed the applicant’s appeal from the Board of Referees’ decision. The Board of Referees dismissed the applicant’s claim for employment insurance benefits. [ 2 ] In this Court, the applicant does not seek to set aside the Umpire’s decision.

Instead, in his notice of application, the applicant seeks damages and statutory employment amounts against his former employer concerning the termination of his employment. In his memorandum of fact and law, the applicant claims additional relief against his former employer and others, but, again, it is only monetary in nature. [ 3 ] Monetary relief is not available on judicial review in our Court: Federal Courts Act , R.S.C. 1985, c. F-7, sections 18 and 18.1 .

The monetary relief the applicant seeks is normally sought in the Ontario Superior Court of Justice. [ 4 ] For that reason alone, this application must be dismissed. [ 5 ] Some statements in the applicant’s notice of application, supporting affidavit and memorandum of fact and law seem to address some of the events that form the basis of the decision of the Umpire. To the extent that these can be construed, very generously, as an attack on the Umpire’s factual findings and his overall decision, we see no reviewable error. [ 6 ] Therefore, the application will be dismissed.

The Attorney General, the only respondent appearing, does not seek his costs, and so none shall be awarded. [ 7 ] In closing, we wish to express our appreciation for the assistance given to the Court and to the applicant by Ms. Sadian Campbell, counsel for the Attorney General. "David Stratas" J.A.

FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-71-12 AN APPLICATION FOR JUDICIAL REVIEW FROM THE DECISION OF THE BOARD OF REFEREES DATED SEPTEMBER 8, 2010 STYLE OF CAUSE: Joung-Kwang Lee v. Attorney General of Canada and Future Bakery Limited and Borys Wrzesnewskyj PLACE OF HEARING: Toronto, Ontario DATE OF HEARING: September 19, 2012 REASONS FOR JUDGMENT OF THE COURT BY: Nadon, Dawson, Stratas JJ.A. DELIVERED FROM THE BENCH BY: Stratas J.A.

APPEARANCES : Joung-Kwang Lee ON HIS OWN BEHALF Sadian Campbell FOR THE RESPONDENT, Attorney General of Canada SOLICITORS OF RECORD : N/A FOR THE APPLICANT (Self- represented) Kuretzky Vassos Henderson LLP Toronto , Ontario FOR THE RESPONDENTS, Future Bakery Limited and Borys Wrzesnewskyj Myles J. Kirvan Deputy Attorney General of Canada FOR THE RESPONDENT Attorney General of Canada