Canada ( Attorney General ) v. Gagnon
A-676-96
Hugessen J.A.
28/5/97
4 pp.
Application for judicial review of Umpire's decision allowing respondent's appeal from board of referees' decision-Umpire first dealing with respondent's submission based on Unemployment Insurance Act, s. 43-Answering in negative question whether Commission met requirement of notifying claimant of decision by electing to insert notice in observations to Commission-Decision cannot be reconciled with recent Federal Court of Appeal decision in Brien v. Canada (Employment and Immigration Commission), [1997] F.C.J. No. 492-Claimant clearly notified of amount claimed prior to hearing before board of referees-Umpire also erred in law in ordering write-off of overpayment-Only decision before him and which Umpire empowered to confirm, rescind or vary: decision by board of referees-"Second decision" referred to by Umpire necessarily subsequent to board's decision, and Umpire clearly had no authority to review it-Application allowed-Unemployment Insurance Act, R.S.C., 1985, c. U-1, s. 43.