Appeal to Board of Referees

II. Principles of Law

(h) Payment of Benefits Pending Appeal of Board's Decision

Where the Board of Referees allows a claim for benefit, the legislation provides that benefit is payable to the claimant despite an appeal from the Board's decision. Any benefit that is paid to a claimant as a result of the Board's decision is not recoverable from the claimant, even where the final determination of the appeal is adverse to the claimant.

Subsection 121(1) Employment Insurance Act

However, these legislative provisions will not apply where the Commission appeals the Board's decision to an Umpire within twenty-one (21) days on the ground that the claimant lost his or her employment by reason of a stoppage of work attributable to a labour dispute, or on the ground that the Board erred in law or failed to take into account a provision of the Act or Regulations, or in other circumstances as prescribed by Regulation.

Subsection 121(2) Employment Insurance Act

If the Commission fails to appeal a Board's decision within the twenty-one (21) day period prescribed by the Act, then benefits are payable to the claimant. If the Commission fails to pay benefits, a claimant may apply for an order of mandamus from the Federal Court Trial Division, compelling the Commission to do so.

Bernier v. C.E.I.C., [1979] 2 F.C. 115 (F.C.T.D.) T-371-79

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