Decision A-0715.87

Case Number Claimant Judge Language Decision date
Decision A-0715.87 Silver Allen M.  Federal  English 1988-06-06
Decision Appealed Appellant Corresponding Case
Dismissed Unanimous  No N/A  14001 


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
federal court  jurisdiction 

Summary:

The powers of this Court under s. 28 of the Federal Court Act are not as comprehensive as those of an Umpire under s. 81 of the UI Act. We cannot decide necessary questions of fact.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
umpires  jurisdiction  not exercised 

Summary:

The Umpire noted that the Board had totally ignored the issue raised by ss. 43(2). He set aside the Board's decision, making no direction or other finding. This failure amounted to a refusal of jurisdiction.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  errors in law  decision incomplete  principal means of livelihood 

Summary:

The Board totally ignored ss. 43(2) as to whether claimant's employment was minor in extent. Since this was an error in law, the Umpire allowed the appeal. Judgment quashed by FC because Umpire failed to make a finding under ss. 43(2).


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  errors in law  decision incomplete  various 

Summary:

The Umpire noted that the Board had totally ignored the issue raised by ss. 43(2). He set aside the Board's decision, making no direction or other finding. This failure amounted to a refusal of jurisdiction.


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