Canada ( Attorney General ) v. Longsworth
A-769-96
Denault J.A., ex officio
23/9/97
2 pp.
Judicial review of Umpire's order dismissing respondent's appeal from Board of Referee's decision, but applying Morin v. Canada (Employment and Immigration Commission) (1996), 134 D.L.R. (4th) 724 (F.C.A.) to rescind penalty imposed-Application allowed-Umpire failed to apply first requirement established in Morin: one must first conclude Commission exercised discretionary power in non-judicial manner when imposing a penalty upon claimant-Umpire not only reglecting to indicate any factor Commission ought to have considered when imposed penalty, but also specifically finding Board not making any reversible error-Not allowed to merely substitute his opinion for that of Commission, Board of Referees.