Canada ( Attorney General ) v. Peterson
A-370-95
Isaac C.J.
18/4/96
6 pp.
Application for judicial review of Umpire's decision dismissing appeal by Canada Employment and Immigration Commission of Board of Referees' decision allowing respondent's appeal from Commission's decision respondent disqualified from receiving unemployment insurance benefits-Respondent following doctor's advice to spend several months in warm dry climate and moving to California-Application allowed-Under Unemployment Insurance Act, s. 32(b) and Unemployment Insurance Regulations, s. 54(1), respondent must prove outside Canada for purpose of undergoing medical treatment in hospital or similar institution and such treatment not available in Canada-Board erred in ignoring respondent's deficiencies in proof and in concluding Commission had onus to prove or disprove facts alleged-Umpire therefore erred in affirming Board's decision-Three-year delay between time of hearing and time of Umpire's decision-Unacceptable in view of vulnerability of applicants for unemployment insurance benefits and anguish caused-Unemployment Insurance Act, R.S.C., 1985, c. U-1, s. 32(b) (as am. by S.C. 1990, c. 40, s. 24)-Unemployment Insurance Regulations, C.R.C., c. 1576, s. 54(1) (as am. by SOR/90-756, s. 16).