Baxandall v. Canada ( Attorney General )
A-730-95
Robertson J.A.
5/12/96
2 pp.
Judicial review of Umpire's decision-At hearing Umpire requesting submission of written representations within prescribed periods-Representations submitted on time, but through administrative inadvertence not brought to Umpire's attention-Umpire rendering decision May 9, 1995 without benefit of representations-When representations brought to Umpire's attention, rendering second decision confirming first-Application allowed-Breach of rules of fairness, natural justice in not considering requested submissions submitted on time-May 9, 1995 decision cannot stand-Umpire functus officio with respect to second decision-Unemployment Insurance Act, s. 86 not saving provision-Unemployment Insurance Act, R.S.C., 1985, c. U-1, s. 86.