Canada ( Attorney General ) v. Dyson
A-16-94
Isaac C.J.
3/11/94
5 pp.
Respondent unable to work from May 10, 1991 as result of injuries -- Applying for unemployment insurance benefits January 7, 1992 -- Benefits paid for fifteen weeks from January 5, 1992 -- Commission writing to respondent June 10, 1992 advising disentitled to benefits April 20, 1992, as receiving maximum number of weeks of benefit payable when unable to work due to injury, informing respondent of right to appeal within 30 days of receipt of letter -- Benefits recommenced September 30, 1992 until January 2, 1993 -- No appeal of either disentitlement or reinstatement -- By letter dated January 21, 1993 respondent disagreed with discontinuance of benefits, stating wished to "reappeal this situation" -- Issue before Board of Referees length of benefit period as prescribed by s. 9(2) -- After noting respondent available, looking for work from April 30 to September, 1992, allowing appeal -- Umpire dismissing appeal -- Application allowed -- Board erred by answering question not before it on appeal -- Umpire repeated, compounded Board's error by purporting to exercise authority did not have, by extending time for appealing Commission's decision respondent not entitled to benefits from April 20 to September 29, 1992 -- Interpreting respondent's letter of January 21, 1993 as application to extend time for appealing Commission's decision of June 10[cad 211]Letter not bearing that construction -- Unemployment Insurance Act, s. 79(1) providing authority to extend time for appeal vested in Commission, not in Board or Umpire -- Unemployment Insurance Act, R.S.C., 1985, c. U-1, s. 9 (as am. by S.C. 1990, c. 40, s. 7).