(Delivered from the Bench at Calgary, Alberta,
Friday, March 18, 1994)
JUDGMENT OF THE FEDERAL COURT OF APPEAL
Date:
March 18, 1994
Docket:
A-1000-92
Umpire's Decision:
CUB 21227
CORAM:
THE HONOURABLE CHIEF JUSTICE
THE HONOURABLE MR. JUSTICE STONE
THE HONOURABLE MR. JUSTICE ROBERTSON
IN RE The Unemployment Insurance Act
BETWEEN:
THE ATTORNEY GENERAL OF CANADA,
applicant,
- and -
GRACE CHOW,
respondent.
REASONS FOR JUDGMENT
(Delivered from the Bench at Calgary, Alberta,
Friday, March 18, 1994)
STONE, J.A.:
The essential issue raised on this application is whether the learned Umpire was right in relieving the respondent of her obligation under Subsection 41 (4) of the Unemployment Insurance Act and Subsection 34 (1) of the Regulations, to file reporting cards within the three week limitation period prescribed. It seems that as the time for filing the cards had expired the provisions of Subsection 41 (10) were inapplicable and that it had to be determined whether in the circumstances there was "good cause" for the respondent's delay in taking the required action (Harbour v. Unemployment Insurance Commission [1986] 64 N.R. 268 (F.C.A.)). 1
The applicant has not persuaded us that we should interfere with the decision of the Umpire of May 11, 1992, whereby he determined that "good cause" for the delay had been shown and, accordingly, that the Board of Referees erred in finding in effect that no such cause had been shown and in rejecting the appeal.
The Section 28 application will be dismissed.
"A.J. Stone"
Judge