Appeal to Umpire

II. Principles of Law

(k) Review of Umpire's Decision

Subsection 87(1) of the Employment Insurance Regulations provides that the decision of an Umpire shall be in writing. An oral decision is not a decision therefore until it is reduced to writing.

However, the legislative requirement will be satisfied where a copy of the transcript of the hearing before the Umpire is signed by the Umpire and provided to the parties.

Subsection 87(1) of the Employment Insurance Regulations

Dubois v. C.E.I.C. [1984], F.C.J. No. 31 (F.C.A.) A-548-83

An Umpire's decision is final and not subject to appeal or review by any Court except in accordance with the Federal Court Act.

Section 118 Employment Insurance Act
Section 28 Federal Court Act

The powers of the Federal Court of Appeal under section 28 of the Federal Court Act are limited to overseeing and controlling the legality of decisions of administrative bodies, and to referring matters back to those bodies for re-determination, with directions where appropriate. The Federal Court of Appeal may decide a jurisdictional question, but it may not make a final determination on the question to be addressed.

Tetreault-Gadoury v. C.E.I.C., [1991] 2 S.C.R. 22 (S.C.C.) A-760-86, File no. 21222
Williams v. Canada (A.G.), March 27, 1992, F.C.J. No. 274 (F.C.A.) A-761-90
Keagan v. Canada (A.G.), March 27, 1992, F.C.J. No. 275 (F.C.A.) A-762-90

On an application to the Federal Court of Appeal for judicial review, the Court is limited to consideration of the material in the case and will not consider additional materials or submissions unless the applicant successfully applies for variation under the Federal Court Rules.

Campbell v. Canada (A.G.) [1985], F.C.J. No. 409 (F.C.A.) A-706-84

The Federal Court of Appeal may interfere with the Umpire's findings of fact only if they are erroneous findings made in a perverse or capricious manner, or without regard to the material before the Umpire

Canada (A.G.) v. Norman, [2002] F.C.J. No. 1530 (F.C.A.) A-500-01

Where the Umpire returns the matter to a Board of Referees but poses an incorrect question to be answered by the Board, the Federal Court of Appeal may correct the error by stating the proper question and directing that the matter be submitted to a newly constituted Board of Referees.

Canada (A.G.) v. Côté, April 3, 1989, F.C.J. No. 317 (F.C.A.) A-1226-87

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