Canada ( Attorney General ) v. Knowler
A-445-95
Marceau J.A.
8/2/96
3 pp.
Second application for judicial review on same matter as rendered on referral back to Umpire by this Court-Umpire had allowed appeal from Board of Referees' decision declining to intervene in exercise by Commission of discretionary power to refuse extension of time claimed by respondent under Act, s. 82-Application was allowed and matter referred back to Umpire-On referral, Umpire again erred in allowing appeal and granting extension in absence of any indication Commission had initially exercised discretion in "non-judicial" manner-Misunderstood instructions of Court-Umpire simply proceeded to new evaluation of facts without first addressing question of whether Commission could be said to have acted unjudicially-Court therefore reviewed comments of Umpire and of Board and analysed evidence on file, and concluded no evidence Commission failed to take into account any explanation or excuse given by claimant-respondent for his delay in filing appeal long after 30-day limit-In circumstances, Court stating Umpire does not have jurisdiction to grant appeal from Board's refusal to intervene-Application allowed; impugned decision set aside and matter again referred back to Umpire for new decision not inconsistent with present reasons-Unemployment Insurance Act, R.S.C., c. U-1, s. 82.