| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| basic concepts |
insurability |
jurisdiction |
|
Summary:
The Umpire exceeded his jurisdiction pursuant to section 90(1) of the Act in supplementing the hours of insurable employment found by the Commission by the number of hours represented by income replacement benefits when it was only open to the Minister of National Revenue to do so. The majority's reasons from this Court in A-717-98 (Haberman) are dispositive in this case: that the Minister of National Revenue has exclusive jurisdiction to make a determination on how many hours of insurable employment a claimant possesses for the purposes of the Act. The Haberman decision has been followed by other decisions in this Court: A-354-01 (Didiadato), A-778-00 (Thiara), A-110-99 (Tuomi) and A-466-98 (Hawryluk).
