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A-690-78
Attorney General of Canada (Applicant)
v.
Alain Giroux (Respondent)
Court of Appeal, Pratte and Ryan JJ. and Hyde D.J.—Quebec City, May 24, 1979.
Judicial review — Unemployment insurance — Umpire dis missed appeal solely on the ground that appeal case not forwarded within sixty-day limit set by Regulations — Whether or not decision a quo should be quashed — Federal Court Act, R.S.C. 1970 (2nd Supp.). c. 10, s. 28 — Unemploy ment Insurance Regulations, SORl76-248, s. 184(3).
APPLICATION for judicial review. COUNSEL:
Jean-Marc Aubry for applicant. Michel Laprise for respondent.
SOLICITORS:
Deputy Attorney General of Canada for applicant.
Bouchard, Vigeant, Ayotte, Laprise & Ham- mond, Trois-Rivières, for respondent.
The following is the English version of the reasons for judgment of the Court delivered orally by
PRATTE J.: This application pursuant to section 28 is against a decision of an Umpire in accord ance with the Unemployment Insurance Act, 1971, S.C. 1970-71-72, c. 48 which dismissed an appeal solely on the ground that the appeal case had not been forwarded within the sixty-day time limit set by section 184(3) of the Unemployment Insurance Regulations, SOR/76-248.
The decision a quo must be quashed. There is no basis for holding that an appeal which is otherwise validly presented ceases to exist, or may be voided, on account of the Commission's failure to forward the appeal case within the sixty-day time limit set by section 184(3) of the Regulations. If the Com mission has not forwarded the case after sixty days, any interested party may take the necessary action to oblige it to do so; but this delay does not affect the existence of the appeal, and does not
authorize the Umpire to dismiss the appeal or refuse to hear it.
For these reasons, the decision a quo will be quashed and the matter referred back to be decid ed on the assumption that the fact the Commission delayed in forwarding the case cannot affect the outcome of the appeal.
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