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    IN THE MATTER of the Unemployment Insurance Act

    - and -

    IN THE MATTER of a claim for benefits by
    HOSSEIN FAKHARI

    - and -

    IN THE MATTER of an appeal by the Commission to
    an Umpire from a decision by the Board of Referees given at
    Vancouver, British Columbia, on January 14, 1994.

    DECISION

    THE HONOURABLE W.J. HADDAD, Q.C., UMPIRE:

    Following my decision in this matter allowing an appeal by the Commission from a decision of a Board of Referees an application was made to the Federal Court of Appeal for a judicial review. That Court set aside my decision and directed that the matter be referred back to an Umpire for redetermination on the basis that, in the circumstances of this case, the finding of the Board of Referees ought to be upheld. The matter has been referred back to me.

    Accordingly I have redetermined that the appeal by the Commission from the decision of the Board of Referees is hereby dismissed.

    W.J. HADDAD

    W.J. Haddad - Umpire

    Dated at Edmonton, Alberta
    June 7, 1996.

    2011-01-10