Carrier v. Canada ( Employment and Immigration Commission )
T-370-95
Noël J.
1/2/96
9 pp.
Application for mandamus against Employment and Insurance Commission to compel it to refer to board of referees decision not to extend time for appeal under Act, s. 79 despite recommendation of board of referees in decision of September 30, 1994 to extend time for appeal-Applicant quit job voluntarily and applied for unemployment insurance-Three months later, learned of Commission's decision denying him ordinary benefits for duration of benefit period on basis he had quit job voluntarily without cause- Advised too late to appeal, dropped matter, but took it up again 4 months later after learning his union had recently won case similar to his-Commission, on appeal from first decision, decided not to extend time for appeal since no special reason established to justify delay-Board of referees, on appeal from that decision, held Commission did not seem to have considered special reasons and returned matter to Commission for reconsideration-Commission refused to act on recommendation-Applicant then commenced proceedings-Application dismissed-In Canada (Attorney General) v. Plourde, [1990] F.C.A. No. 944 (QL), Federal Court of Appeal held board of referees may become involved in decision of Commission refusing request to extend time only where discretion exercised in non-judicial way, that is, on basis of irrelevant considerations or without taking relevant considerations into account, and held shift in judicial thinking could not constitute special reason capable of excusing delay under Act, s. 79-By making mere recommendation, board refused to allow appeal by applicant-Only remedy open to applicant: to appeal decision of board of referees to umpire and argue, if applicable, board behaved in non-judicial way in refusing to allow appeal- Unemployment Insurance Act, R.S.C., 1985, c. U-1, s. 79 (am. by S.C. 1993, c. 13, s. 25).