A-690-78
Attorney General of Canada (Applicant)
v.
Alain Giroux (Respondent)
Court of Appeal, Pratte and Ryan JJ. and Hyde
D.J.—Quebec City, May 24, 1979.
Judicial review — Unemployment insurance — Umpire dis
missed appeal solely on the ground that appeal case not
forwarded within sixty-day limit set by Regulations —
Whether or not decision a quo should be quashed — Federal
Court Act, R.S.C. 1970 (2nd Supp.). c. 10, s. 28 — Unemploy
ment Insurance Regulations, SORl76-248, s. 184(3).
APPLICATION for judicial review.
COUNSEL:
Jean-Marc Aubry for applicant.
Michel Laprise for respondent.
SOLICITORS:
Deputy Attorney General of Canada for
applicant.
Bouchard, Vigeant, Ayotte, Laprise & Ham-
mond, Trois-Rivières, for respondent.
The following is the English version of the
reasons for judgment of the Court delivered orally
by
PRATTE J.: This application pursuant to section
28 is against a decision of an Umpire in accord
ance with the Unemployment Insurance Act, 1971,
S.C. 1970-71-72, c. 48 which dismissed an appeal
solely on the ground that the appeal case had not
been forwarded within the sixty-day time limit set
by section 184(3) of the Unemployment Insurance
Regulations, SOR/76-248.
The decision a quo must be quashed. There is no
basis for holding that an appeal which is otherwise
validly presented ceases to exist, or may be voided,
on account of the Commission's failure to forward
the appeal case within the sixty-day time limit set
by section 184(3) of the Regulations. If the Com
mission has not forwarded the case after sixty
days, any interested party may take the necessary
action to oblige it to do so; but this delay does not
affect the existence of the appeal, and does not
authorize the Umpire to dismiss the appeal or
refuse to hear it.
For these reasons, the decision a quo will be
quashed and the matter referred back to be decid
ed on the assumption that the fact the Commission
delayed in forwarding the case cannot affect the
outcome of the appeal.
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.