Canada ( Attorney General ) v. Ellis
A-1023-91
MacGuigan J.A.
20/10/92
3 pp.
S. 28 application to set aside Umpire's decision matter governed by Unemployment Insurance Act, s. 38(2) rather than by s. 37 -- Whether benefits received by claimant must be repaid under Act, ss. 35, 37, 38 because of lump-sum out-of-court settlement with employer for wrongful dismissal -- S. 38(2) taking precedence over general imposition of joint liability provided by ss. 35, 37, in accordance with traditional rule of statutory interpretation -- Reading of s. 37 by applicant going against Act's scheme of repayment, patently unfair to employees like claimant -- Application dismissed -- Case moot as recovery of debt out-of-time under Act, s. 35(4) -- Unemployment Insur-[qj] ance Act, R.S.C., 1985, c. U-1, ss. 35 (as am. by S.C. 1990, c. 40, s. 26), 37 (as. am. idem, s. 27), 38 (as am. idem).