(l) Payment of Benefit Pending Appeal
Subsection 87(2) of the Employment Insurance Regulations provides that where an Umpire allows an appeal from the decision of a Board of Referees, and the Commission then applies for judicial review to the Federal Court of Appeal, benefits are not payable to the claimant until "final determination" of the claim.
Subsection 87(2) of the Employment Insurance Regulations Employment Insurance Regulations
Where, in respect of a claim for benefits, an umpire has declared a provision of the Act or Regulations to be ultra vires and an application is made by the Commission under the Federal Court Act for judicial review of that decision of the umpire, benefits are not payable in respect of any other claim for benefits made after the decision of the umpire until the final determination of the claim under review, where the benefits would not otherwise be payable in respect of any such subsequent claim if the provision had not been declared ultra vires.
Subsection 87(3) of the Employment Insurance Regulations Employment Insurance Regulations
2009-04-29