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Federal Court - Style of Cause. Musani v. Canada (Attorney General)
In Musani v. Canada (Attorney General) (Fed CA, 2026) the Federal Court of Appeal dismissed a JR, this brought against "a decision of the Appeal Division of the Social Security Tribunal of Canada, which dismissed her appeal from a decision of the Tribunal’s General Division", this respecting the denial of the applicant's "request to antedate her claim for EI benefits; that is, to treat the claim as having been made earlier than it was".
Here the court notes a 'style of cause' issue:[16] The first is a procedural issue relating to the style of cause. In her notice of application, Ms. Musani named the Canada Employment Insurance Commission as respondent. This was an error. Rule 303 of the Federal Courts Rules, SOR/98-106, requires in circumstances like those here in which there is no one directly affected by the order sought or required to be named by law, the Attorney General of Canada is to be named as respondent; see, for example, Mercer v. Canada (Attorney General), 2012 FCA 37 at para. 9. The style of cause in this Court’s judgment and these reasons now reflects this requirement, as it should in any future documents in this proceeding.
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