(a) Nature of Proceedings Before the Umpire
Although the word “appeal” is used in section 115 of the Employment Insurance Act to describe the procedure before an Umpire, the proceeding is not an appeal in the usual sense of that word or a trial de novo, but a proceeding in the nature of judicial review. Where a decision of a Board of Referees is challenged because it was based on erroneous findings of fact, the Umpire's review is limited to considering and determining whether the view of the facts taken by the Board of Referees was reasonably open to it on the record. The test is whether there was any evidence in the record upon which the Board of Referees could have found as they did without error in principle.
Roberts v. Canada, [1985] F.C.J. No. 413 (F.C.A.) A-595-84 Judgment Of The Federal Court Of Appeal
Canada v. Taylor, [1991] F.C.J. No. 508 (F.C.A.) A-681-90 Judgment Of The Federal Court Of Appeal
Canada (A.G.) v. McCarthy, [1994] F.C.J. No. 1158 (F.C.A.) A-600-93 Judgment Of The Federal Court Of Appeal
Canada (A. G.). v. Merrigan, [2004] F.C.J. No. 1187 (F.C.A.) A-92-03 Judgment Of The Federal Court Of Appeal
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2010-05-25