Canada ( Attorney General ) v. Lee
A-299-98
Stone J.A.
11/1/00
3 pp.
Judicial review of Umpire's decision on ground exceeded jurisdiction in referring matter of amount of penalty assessed pursuant to Unemployment Insurance Act, s. 33 back to Board of Referees for determination-After matter appealed to Umpire, but before he rendered decision, Commission reconsidered amount of penalty in light of extenuating circumstances presented before Board, Umpire-Commission reducing penalty, referring to Canada (Attorney General) v. Dunham, [1997] 1 F.C. 462 (C.A.) as conferring jurisdiction on Board of Referees, Umpire to alter amount of penalty if decision fixing it made without regard to relevant factors-Noting evidence of respondent's medical history not known when amount of penalty fixed-Dunham decision rendered September 27, 1996; Board rendering decision December 20, 1995-Prior to Dunham power of Board of Referees, Umpire to review amount of penalty not clearly declared-Even if matter returned to Board of Referees on basis of existing record, would not be in position to conclude important legal principle laid down in Dunham not adhered to by Commission-Umpire's decision that Board waive penalty unsustainable as only Commission may do so-Application allowed-Unemployment Insurance Act, R.S.C., 1985, c. U-1, s. 33 (as am. by S.C. 1990, c. 40, s. 25).