A-129-81 
Attorney General of Canada (Applicant) 
v. 
Lee Langille (Respondent) 
Court of Appeal, Thurlow C.J., Heald J. and 
Lalande D.J.—Ha lifax, November 4, 1981. 
Judicial review — Unemployment insurance — Application 
to review and set aside Chief Umpire's decision to confirm the 
decision of the Board of Referees — Chief Umpire treated 
applicant's appeal as being governed by the new s. 95 of the 
Unemployment Insurance Act, 1971 — Applicant's appeal was 
commenced before the coming into force of the new s. 95 
Whether the scope of applicant's appeal is that provided by s. 
95 as it was before the proclamation of the new s. 95 — 
Unemployment Insurance Act, 1971, S.C. 1970-71-72, c. 48, s. 
95 — Federal Court Act, R.S.C. 1970 (2nd Supp.), c. 10, s. 28 
— Interpretation Act, R.S.C. 1970, c. I-23, s. 35(c),(e). 
APPLICATION for judicial review. 
COUNSEL: 
Michael Butler and J. D. Bissell for appli
cant. 
R. A. Kanigsberg, Q.C. for respondent. 
SOLICITORS: 
Deputy Attorney General of Canada for 
applicant. 
Kanigsberg Cordon Stern & Freeman, Hali-
fax, for respondent. 
The following are the reasons for judgment 
rendered in English by 
TI3URLOW C.J.: Two points were argued on this 
application, the first, whether the learned Chief 
Umpire erred as to the scope of the appeal before 
him, the other whether the material before him 
was sufficient to support his confirmation of the 
decision of the Board of Referees. 
I would have no difficulty in reaching the con
clusion that there was ample material in the record 
upon which the Board of Referees and the Chief 
Umpire could reach their conclusions. However, it 
appears that the learned Chief Umpire treated the 
appeal before him as being governed by the new 
section 95 of the Unemployment Insurance Act, 
1971, S.C. 1970-71-72, c. 48, which prescribes the 
grounds on which an appeal may be taken in 
restrictive terms similar to those provided for 
review applications under subsection 28(1) of the 
Federal Court Act, R.S.C. 1970 (2nd Supp.), c. 
10, and that he did not consider it open to him to 
reach his own conclusions on the evidence. As the 
applicant's appeal to the Umpire was commenced 
on February 5, 1980, that is to say, before the 
coming into force of the new section 95 on May 1, 
1980, I am of the opinion that the scope of the 
applicant's appeal to the Umpire was not restricted 
to an appeal on the grounds set out in the new 
section 95 but was a plenary appeal as provided in 
the earlier section under which it was asserted. 
The right of appeal is in my view a substantive 
right and is not affected by the repeal of the 
provision authorizing it and the substitution of a 
new and narrower right of appeal. See paragraphs 
35(c) and (e) of the Interpretation Act, R.S.C. 
1970, c. I-23. 
Accordingly, I would set aside the decision and 
refer the matter back to an Umpire to be dealt 
with on the basis that the scope of the applicant's 
appeal is that provided by section 95 of the Unem
ployment Insurance Act, 1971 as it was before the 
proclamation of the new section 95 enacted by 
section 56 of the Statutes of Canada 1976-77, 
c. 54. 
* * * 
The following are the reasons for judgment 
rendered in English by 
HEALD J.: I agree with the Chief Justice that 
the decision of the Chief Umpire should be set 
aside and the matter referred back to an Umpire 
to be dealt with on the basis that the scope of the 
applicant's appeal is that provided by section 95 of 
the Unemployment Insurance Act, 1971, as it was 
before the proclamation of the new section 95 on 
May 1, 1980. In view of this conclusion, I do not 
consider it necessary to express a view on the 
sufficiency or otherwise of the material in the 
record upon which the Board of Referees and the 
Chief Umpire reached their conclusions. 
* * * 
LALANDE D.J.: I agree. 
 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.