• Home >
  • Umpire
  • Appeal to Umpire

    II. Principles of Law

    (b) Grounds of Appeal Generally

    A Board of Referee's decision may only be overturned on one of the three grounds of appeal set out in the Act. Furthermore, an Umpire may not rule on a matter which is not properly before him or her.

    U.I.C. v. Howley [1984], F.C.J. No. 201 (F.C.A.) A-1261-83 Judgment of the federal court of appeal
    Canada (A.G.) v. Taylor [1991], F.C.J. No. 508 (F.C.A.) A-681-90 Judgment of the federal court of appeal
    Frew v. Canada (A.G.), June 23, 1994, F.C.J. No. 988 (F.C.A.) A-693-93 Judgment of the federal court of appeal

    However, an Umpire may consider any one of the three grounds of appeal even where the appellant (be it the Commission or a claimant) has chosen an inappropriate ground. An error in citing one of the grounds of appeal is a mere technical error.

    Canada (A.G.) v. Gaudet, November 5, 1993, F.C.J. No. 1122 (F.C.A.) A-131-90 Judgment of the federal court of appeal
    Dominique v. Employment and Immigration Commission, A-853-91, February 2, 1993 (F.C.A.) Judgment of the federal court of appeal

    [  previous Previous page  |  table of contents  |  next Next page  ]

    2009-04-29