Case information
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40243
Huu Nghia Vuong v. Attorney General of Canada
(Federal) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2024-11-18 | Close file on Leave | |
| 2024-11-15 | Correspondence (sent by the Court) to, parties: by mail (applicant), by email (respondent) | |
| 2024-11-15 | Reconsideration not accepted for filing | |
| 2023-05-18 | Letter acknowledging receipt of a complete motion for reconsideration | |
| 2023-02-02 | Certificate (on limitations to public access), (Letter Form), (Printed version due on 2023-02-09) | Huu Nghia Vuong |
| 2023-02-02 | Motion for reconsideration of the application for leave to appeal, (Book Form), Completed on: 2023-05-18 | Huu Nghia Vuong |
| 2023-01-12 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-01-12 | Judgment on leave sent to the parties | |
| 2023-01-12 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-288-20, 2021 FCA 221, dated November 17, 2021, is dismissed Dismissed |
|
| 2022-11-14 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-08-08 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2022-08-24, (Printed version due on 2022-08-15) | Huu Nghia Vuong |
| 2022-07-18 | Certificate (on limitations to public access), (Letter Form), require: service, (Printed version due on 2022-07-25) | Attorney General of Canada |
| 2022-07-18 | Respondent's response on the application for leave to appeal, (Letter Form), require: service, Completed on: 2022-11-14, (Printed version due on 2022-07-25) | Attorney General of Canada |
| 2022-06-28 | Letter advising parties of a complete application for leave to appeal, FILE OPENED 2022-06-28 | |
| 2022-01-05 | Certificate (on limitations to public access), (Letter Form), received: duplicate copy of the public access form, dated 2022-08-05 (rec'd 2022-08-08), (Electronic version filed on 2022-06-28) | Huu Nghia Vuong |
| 2022-01-05 | Application for leave to appeal, (Book Form), Completed on: 2022-01-05, (Electronic version filed on 2022-06-28) | Huu Nghia Vuong |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Vuong, Huu Nghia | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada | Respondent | Active |
Counsel
Party: Vuong, Huu Nghia
This party is not represented by counsel.
Party: Attorney General of Canada
Counsel
St-Andrew's Tower SAT-6
284 Wellington Street
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4671
FAX: (613) 952-6006
Email: isabelle.mathieu-millaire@justice.gc.ca
Agent
Department of Justice Canada
50 O'Connor Street, Suite 500
Ottawa, Ontario
K1A 0H8
Telephone: (613) 670-6290
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Summary
Keywords
Administrative law — Judicial review — Whether the Social Security Tribunal erred in its decision that a request to change a Record of Employment had no reasonable chance of success — Whether the Social Security Tribunal or the federal courts have jurisdiction to compel the correction of a Record of Employment — Department of Employment and Social Development Act, S.C. 2005 c. 34.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
After a successful application for reconsideration with the Employment Insurance Commission whereby his benefits were properly adjusted, Mr. Vuong believed his new Record of Employment (ROE) still contained errors.
The General Division of the Social Security Tribunal held it had no jurisdiction to correct an ROE issued by an employer. The Appeal Division found the General Division made no error and the alleged ROE errors were unrelated to the Commission’s decision.
The Federal Court dismissed the application for judicial review, noting the error was insignificant, had no impact on the Commission’s decision and could have no possible impact on Mr. Vuong’s future claims. The Federal Court of Appeal dismissed the appeal, as there was no mechanism by which a court or the Tribunal could compel Mr. Vuong’s employer to correct the ROE.
Lower court rulings
Federal Court
2020 FC 1039, T-969-19
Application for judicial review dismissed
Federal Court of Appeal
2021 FCA 221, A-288-20
Appeal dismissed
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available