Federal Court Decision #A-87-94 - THE ATTORNEY GENERAL OF CANADA v. SUSAN, FEERE

JUDGMENT OF THE FEDERAL COURT OF APPEAL

Date:
January 23, 1995

Docket:
A-87-94

Umpire's Decision:
CUB 23945

CORAM:

HUGESSEN, J.A.
STRAYER, J.A.
ROBERTSON, J.A.

IN THE MATTER OF The Unemployment Insurance Act,
1971

AND IN THE MATTER OF a claim for benefit by Susan Feere

AND IN THE MATTER OF an appeal to an Umpire by the claimant, Susan Feere,
from a decision of the Board of Referees given at London, Ontario on
February 18, 1992

BETWEEN:

THE ATTORNEY GENERAL OF CANADA,

applicant,

- and -

SUSAN FEERE,

respondent.

Heard at Toronto, Ontario, Monday, January 23, 1995.

REASONS FOR JUDGMENT
(Delivered from the Bench at Toronto, Ontario,
on Monday, January 23, 1995)

STRAYER, J.A.:

In our view the learned Umpire erred in law in not having regard to whether the alleged error made by the Board was properly reviewable. The claimant appealed the Board decision on the ground that the Board had based its decision on an erroneous finding of fact made in a perverse or capricious manner or without regard for the material before it, an error of the kind reviewable under paragraph 80(c) of the Unemployment Insurance Act. The learned Umpire should have addressed that issue and should have considered whether on the evidence before it a Board could reasonably have reached the conclusion it did even if he might have reached a different conclusion. Before he could make new findings of fact he would have to conclude that the Board decision must be set aside for reviewable error of fact. This he did not do, but instead proceeded to overrule the Board as if on appeal, substituting his own conclusions on the facts based on his observations of the claimant at the Umpire hearing.

The Umpire thereby committed an error of law. His decision must be set aside and the matter referred to an Umpire for determination on the basis that the Board of Referees had evidence before it upon which it could decide as it did.

"B.L. Strayer"

J.A.