IN THE MATTER OF THE Unemployment Insurance Act, 1971
-and-
IN THE MATTER OF A claim for benefit by
Douglas GARLAND
-and-
IN THE MATTER OF an appeal to an Umpire by the Canada Employment and
Immigration Commission from a decision of the Board of Referees
given at Calgary, Alberta, on November 23, 1983.
DECISION
MR. JUSTICE DUBINSKY, UMPIRE :
This appeal from a unanimous decision of the Board of Referees came before me on May 18, 1984, at Calgary, Alberta. The respondent, Douglas Garland, was present and represented himself. Acting on behalf of the appellant, the Canada Employment and Immigration Commission, was Johannes Van Iperen, Q.C. On September 11, 1984, at Halifax, Nova Scotia, I filed a written decision allowing the appeal of the Commission against the decision herein of the Board of Referees dated November 23, 1983.
The claimant subsequently appealed against my aforesaid decision to the Federal Court of Appeal. On November 20, 1985, the Federal Court of Appeal set aside my decision of September 11, 1984 and directed as follows :
"The application under section 28 of the Federal Court Act is allowed, the decision of the Umpire is set aside and the matter is referred back to an Umpire to be dealt with on the basis that the applicant was confined in a gaol, penitentiary or other similar institution from September 24, 1982, to March 24, 1983."
Accordingly, in view of the decision of the Federal Court of Appeal, I now dismiss the appeal of the Commission against the unanimous decision of the Board of Referees handed down herein on November 23, 1983.
_________________________
UMPIRE
HALIFAX
December 18, 1985