Amendment of Decision

II. Principles of Law

(d) Judicial Review of Umpire's Reconsideration Decision

It is well settled by the jurisprudence that, absent special circumstances, the Federal Court of Appeal will not use a judicial review of the reconsideration decision as a vehicle to collaterally attack the original decision. The fact that a claimant is self-represented does not in itself constitute special circumstances.

Clow v. Canada (E.I.C.), [2004], F.C.J. No. 2148 (F.C.A.)   A-260-04 Judgment Of The Federal Court Of Appeal
Mansour v. Canada (A.G.), [2001] F.C.J. No. 1639 (F.C.A.)   A-145-00 Judgment Of The Federal Court Of Appeal
Schooner v. Canada (A.G.), [2004] F.C.J. No. 2064 (F.C.A)   A-418-03 Judgment Of The Federal Court Of Appeal
Nickerson v. Canada (E.I.C.), [2006] F.C.J. No. 627 (F.C.A.)   A-624-04 Judgment Of The Federal Court Of Appeal
Pollitt v. Canada (A.G.), 2009 FCA 98 (F.C.A.)   A-222-08 Judgment Of The Federal Court Of Appeal

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