APPEALS
TO THE UMPIRE
Who is the Umpire?
Umpires are generally judges of the Trial Division
of the Federal Court of Canada. In certain cases,
judges or former judges of a superior, county, or
district court may sit as Umpires.
The role of the Umpire is to review the Board's decision
to make sure that:
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The Board of Referees gave you an impartial
hearing or a reasonable opportunity to present your
case or operated within the limits of its
jurisdiction; This generally means that the
Board let you present your case and heard you.
-
The Board operated within the limits of its
jurisdiction means that the Board had the
authority to decide your case.
-
The Board did not err in law in making its
decision means that the decision of the Board
of Referees is in accordance with the EI Act
and Regulations.
-
The Board did not base its decision on a
misinterpretation of the facts means that the
Board looked at, understood and took into consideration
all the evidence submitted.
The Umpire can either change the decision of the Board of
Referees or return the appeal to the Board of Referees
for a new hearing.
You cannot present new facts before the Umpire unless you
prove that these facts could not be discovered before the
appeal to the Board of Referees.
How do I file an
appeal to the Umpire?
If the decision is not in your
favour
If the Board's decision is not in your favour and you
want to appeal to the Umpire, you must tell your
local HRSDC office in writing that you want to appeal
the Board's decision.
-
You have 60 days after you receive the Board
of Referees' decision to do this.
Please make sure that all information on the form is
complete and remember to date it, sign it and send to
your
local HRCC office.
If the decision is in your
favour
If the Board's decision is in your favour, HRSDC or your
employer (if involved) can file an appeal.
-
HRSDC or your employer has 60 days to appeal.
If the Board's decision grants you benefits, and HRSDC
decides to file an appeal to the Umpire, you will not
receive any payments until the matter is resolved. HRSDC
will notify you if and when an appeal is filed.
What happens
next?
An appeal to the Umpire by any party (you, HRSDC or your
employer) has to prove that:
-
The Board of Referees did not give you an impartial
hearing or a reasonable opportunity to present your
case or did not operate within the limits of its
jurisdiction.
-
The Board erred in law in making its decision.
-
The Board based its decision on a misinterpretation of
the facts.
If an appeal is filed at the Umpire level, all interested
parties will receive an appeal docket, usually within 60
days. This docket contains all the documents that were
originally presented to the Board of Referees and the
Board's decision. If HRSDC appeals, you will receive
written reasons explaining why HRSDC has decided to appeal
to the Umpire. Also included will be any other court
decisions that HRSDC is using to appeal the Board's
decision.
Unlike the Board of Referees, Umpire hearings are usually
held in a courtroom. However, these hearings are kept as
informal as possible. However, as HRSDC considers this
level of appeal to be a formal judicial process, it is
always represented by a lawyer.
You may decide to have a representative assist you (i.e.
a friend, union representative, community legal
representative or lawyer). If you hire a representative,
it will be at your own expense. HRSDC will not reimburse
the fees.
The Office of the Umpire will tell you when and where
your appeal will be heard. These hearings are held in a
location best suited both for the person or organization
making the appeal and for the Umpire overseeing the
hearing. It will not always be possible, however, to hold
the hearing in your home town.
The Umpire can review only the evidence that was
presented to the Board of Referees and the Board's
decision. You cannot present any new evidence or
testimony at this stage unless you can show that you were
unable to do it for the Board at the time of your
hearing.
On the day of the hearing, you should arrive at least 30
minutes before it is scheduled to begin. You will be told
about what to expect during a hearing.
Please remember that because the Umpire hears many cases
on the same day, you should be prepared to wait your turn
to be heard.
Why is my
attendance at the hearing important?
It is in your best interest to be there in person before
the Umpire so that you may give your explanation to the
Umpire as to why you think the Board of Referees made a
mistake when it made its decision, if this decision was
not favorable to you.
If, on the contrary, HRSDC or your employer is the
appellant before the Umpire as a result of a decision
favorable to you, then again, it is in your best interest
to be there in person so that you may explain to the
Umpire why you think that the Board of Referees did not
make a mistake when it made its decision.
Being present will also allow you to answer any questions
the Umpire might have about your situation.
If you or your representative cannot attend the hearing,
you should immediately contact the Registrar of the
Office of the Umpire to make other arrangements, or you
can request that your case be decided "on the record."
This means that a decision will be made by the judge
without you having to attend the hearing. In that case,
HRSDC will also not appear in front of the judge.
Unlike Board of Referee hearings, Umpire hearings cannot
be held over the telephone.
What does the
Umpire expect from me?
The Umpire expects you to be on time and prepared to
discuss your case.
If you are appealing a decision from a Board of Referees,
the Umpire will expect you to explain why:
-
The Board of Referees did not give you an impartial
hearing or a reasonable opportunity to present your
case, or did not operate within the limits of its
jurisdiction.
-
The Board erred in law in making its decision.
-
The Board based its decision on a misinterpretation of
the facts.
Be sure you have your appeal docket with you and have
reviewed it carefully so that you can discuss the
decision taken by the Board of Referees.
If you do not speak either English or French, you should
bring somebody with you who can interpret. You will be
responsible for any expense fees involved. If you have a
hearing or a visual impairment, HRSDC will pay for either
a sign language interpreter or for your docket to be sent
to you in Braille. Let HRSDC know if these arrangements
need to be made.
How can I
prepare?
-
Understand the powers and
the limits of the Umpire's authority.
-
Read the appeal docket sent to you and make sure you are
familiar with it. It is your copy and you can make notes
on it.
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Make a checklist of the facts or of previous appealed
cases that you want to be sure to present to the Umpire.
-
You can research court decisions that may be relevant to
your appeal. We have prepared some information on previous appeal
cases that will be helpful to you.
-
You can also get help from community and claimant help
groups which know all about the EI Act.
-
Don't forget that, normally, any new evidence or
testimony cannot be presented to the Umpire because the
proper place to do this is in front of the Board of
Referees. However, if you can show the Umpire that you
were unable to present it to the Board of Referees at the
time of your hearing, the Umpire may accept it.
What happens after the
hearing?
You will receive a written decision containing the
reasoning of the Umpire once a decision has been made in
your case.
Appealing beyond
the Umpire
Usually the decisions of the Umpire are final, but there
are some situations which can be reviewed by the Federal
Court of Canada. There are certain fees that are involved
in appeals at the Federal Court level.
For more information on this appeal level, please consult
the Federal Court of Canada
website.
Additional tools
There are additional sites you can consult if you wish to
conduct further research. These are:
Charter of Rights and Freedoms
Canadian Human Rights Commission
Provincial Ministries of Justice and Attorney Generals
offices
Tax Court of
Canada
Information is available on the Board of Referees appeal
process
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