Canada ( Attorney General ) v. Maughan
A-1463-92
MacGuigan J.A.
27/1/94
2 pp.
Application for judicial review of Umpire's decision concluding respondent left employment with justification -- Respondent disqualified by Unemployment Insurance Commission from receiving unemployment insurance benefits for nine weeks on ground voluntarily left employment without just cause -- Board of Referees upheld Commission's decision but reduced period of disqualification from nine to six weeks -- Commission appealed decision on basis Board erred in law because disqualification reduced below statutory minimum of seven weeks of Unemployment Insurance Act, s. 30(1.1) -- Respondent had no legal advice and did not appear in appeal -- If party without benefit of counsel wants to cross-appeal in appeal by Commission, Umpire should utilize power under Unemployment Insurance Act, s. 82 to extend time for filing appeal: Kuikka, CUB 21932 -- Umpire not justified in interfering with findings of fact reached by Board as did not find decision perverse -- Umpire wrong in substituting own view of facts for Board's -- Application allowed -- Unemployment Insurance Act, R.S.C., 1985, c. U-1, s. 30(1.1) (as am. by S.C. 1990, c. 40, s. 22).