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A-1-81
Katina Matheodakis (Applicant) v.
Canada Employment and Immigration Commis sion (Respondent)
Court of Appeal, Pratte and Marceau JJ. and Hyde D.J.—Montreal, May 13, 1981.
Judicial review — Unemployment insurance — Applicant seeks to set aside the decision of the Board of Referees which turned on its finding as to whether applicant had established her availability for work — Board's decision does not comply with the requirements of s. 94(2) of the Unemployment Insur ance Act, 1971 in that it does not state the findings of the Board on the questions of fact that had to be resolved — Board's decision set aside — Unemployment Insurance Act, 1971, S.C. 1970-71-72, c. 48, s. 94(2) — Federal Court Act, R.S.C. 1970 (2nd Supp.), c. 10, s. 28.
APPLICATION for judicial review. COUNSEL:
H. Tsimberis for applicant. G. Leblanc for respondent.
SOLICITORS:
Borenstein, Duquette, Brott & Tsimberis, Montreal, for applicant.
Deputy Attorney General of Canada for respondent.
The following are the reasons for judgment delivered orally in English by
PRATTE J.: The appeal to the Board of Referees raised the question whether the applicant had established her availability for work. That was, of course, a question of fact. In disposing of the appeal, the Board was bound by the requirements of subsection 94(2) of the Unemployment Insur ance Act, 1971, S.C. 1970-71-72, c. 48, that its decision "be recorded in writing and ... include a statement of the findings of the board on questions of fact material to the decision."
It is clear that the decision under attack does not comply with those requirements. Indeed, it does not state the findings of the Board on the questions of fact that had to be resolved but
merely asserts, instead, that "the Insurance Offi cer was justified to act as he did".
For those reasons, the decision of the Board of Referees will be set aside and the matter will be referred back to the Board for a new hearing and a decision which shall conform with the require ments of subsection 94(2) of the Unemployment Insurance Act, 1971.
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MARCEAU J. concurred.
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HYDE D.J. concurred.
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