Canada ( Attorney General ) v. Rouleau
A-930-96 / A-932-96
Décary J.A.
31/10/97
9 pp.
Applications for judicial review of Umpire's decision-First application, by Commission in file A-93096, challenging Umpire's conclusion notification of overpayment decision null as CEIC not meeting requirement of "service" of amount of overpayment under Unemployment Insurance Act, s. 43(1)-Second application, by claimant in file A-932-96, claiming Umpire erred in assessing whether claimant unemployed in light of Unemployment Insurance Regulations, s. 43-First application must be allowed, as Umpire erred in requiring Commission to "serve" amount calculated on claimant-Act, s. 43 requiring "notification", and such notification subject to no specific formal requirements-Umpire also erred in finding no notification in instant case-But one "decision" within meaning of Act, s. 43, although can be made in number of stages-This "decision" alone can be appealed under s. 43(2), and can only be one appeal from this decision-Where notice of appeal filed, as in instant case, before process completed, notice premature, and nothing bars Commission from completing process-Umpire accordingly erred in finding claimant not notified of Commission's decision in timely fashion-Second application for judicial review, on other hand, must be dismissed-Commission's decision in instant case rendered not under Act, s. 86, but under s. 43, authorizing Commission to reconsider claims for benefit retroactively-When Commission considers claimant's entitlement to benefit, not required to take MNR's decision as to claimant's insurability into account-Unemployment Insurance Act, R.S.C., 1985, c. U-1, ss. 43, 86-Unemployment Insurance Regulations, C.R.C., c. 1576, s. 43.