Summary of Issue: Rule 397

Decision A0222.08 Full Text of Decision A0222.08

The decision under judicial review is that of an Umpire who dismissed an application brought by the claimant pursuant to section 120 of the EIA, seekink reconsideration of a previous and similar reconsideration decision of another Umpire. The FCA confirmed that absent special circumstances it will not use a judicial review of the reconsideration decision as a vehicle to attack collaterally the original decision. Application for judicial review dismissed.

Decision 06-A-50

The claimant asked that the Court reconsider an earlier order denying his application of an extension of time to commence a judicial review application. Rule 397 of the Federal Court Rules gives the Court jurisdiction to correct post facto any inadvertent mistake which is shown to have occurred in a decision. It is apparent from the material filed by the claimant that he does not point to any such error or omission but that he seeks to re-argue his case albeit more comprehensively. The Court is without jurisdiction to reconsider its earlier decision on that basis. See this address for the Court's decision: http://decisions.fca-caf.gc.ca/en/2007/2007fca29/2007fca29.html