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    IN THE MATTER of the Unemployment Insurance Act

    - and -

    IN THE MATTER of a claim for benefit by
    James D. WILE

    - and -

    IN THE MATTER of an appeal to an Umpire by the Claimant
    from a decision by the Board of Referees
    given at Kentville, Nova Scotia, on April 25, 1991.

    DECISION

    MacKAY, J.:

    Subsequent to my decision in this matter, dated April 11, 1994, the Attorney General of Canada applied to the Court of Appeal, pursuant to s. 28 of the Federal Court Act, R.S.C. 1985, c. F-7 as amended, for judicial review of that decision.

    My Judgment dated November 30, 1994, the Court of Appeal allowed the s. 28 application, set aside the decision of April 11, 1994, and remitted the matter for reconsideration and redetermination on the basis that the appeal from the decision of the Board of Referees be dismissed.

    Accordingly, the matter having been remitted to me as Umpire, in accord with the Judgment of the Court of Appeal, for Reasons for Judgment issued by that Court, dated November 30, 1994, (unreported, Court file A-233-94, per Stone, JA), the claimant's appeal from the decision of the Board of Referees is dismissed.

    W. Andrew MacKay

    UMPIRE

    OTTAWA, January 4,1995

    2011-01-10