| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| federal court |
role |
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Summary:
Held that the standard of review applicable to Umpires' decisions is correctness rather than the patent unreasonableness or the reasonableness simpliciter. This means that the lower tribunal's interpretation or application of the law must be the correct one. If the Court is of the view that the interpretation of the lower tribunal is incorrect, then it can quash that decision.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| basic concepts |
rate of benefit |
computation |
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Summary:
As a result of a new collective agreement, claimant received a retroactive pay increase, part of which was paid in respect of the period of her employment relevant for calculating her benefits. Payment received after obtaining other employment. She applied for an adjustment to the employment insurance benefits that she had received on the ground that her retroactive pay raise had increased her insurable earnings. The Commission denied her request but Umpire allowed it. Held by FCA that Reg. 23(1)(b) prescribed that all the listed non-regular items of remuneration are to be attributed to the time of their receipt, whether or not they were in fact paid in respect of a specific period.
