Decision A-0541.85

Case Number Claimant Judge Language Decision date
Decision A-0541.85 Harbour Bruce  Federal  English 1986-02-04
Decision Appealed Appellant Corresponding Case
Allowed Unanimous  No N/A  10633 


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts  claim required 

Summary:

A person who has the right to receive UI, because substantive conditions are met, is not automatically paid. The person has to come forward and make known his or her intention to exercise his or her right.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts  eligibility to benefits 

Summary:

Features of UI Act and various conditions to fulfill examined.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts  types of claims 

Summary:

So there are two types of claims, the initial ones and the so-called continuing ones. There is even a third in practice, the renewal claim.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
claim procedure  discretionary power waiver or variation of requirements 

Summary:

The Umpire took the view that ss. 41(10) was covered by the Board's jurisdiction to review Commission's decisions. It is a view not borne out by a proper reading since its opinion [the Commission's] shall prevail. Clearly rejected by DESJARDINS. Ss. 41(10) can be resorted to to cure the effect of a belated claim. I am of the opinion, however, that it was not its purpose. The power conferred is that of waiving, not to reinstate a right already lost. Applies to groups of cases.


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