Decision 24186

Case Number Claimant Judge Language Decision date
Decision 24186   Rothstein  English 1994-03-28
Decision Appealed Appellant Corresponding Case
Unspecified  No N/A  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  special reasons  rationale 

Summary:

I have been troubled by the provisions of ss. 79(1). It seems very unusual that one party to a proceeding or an appeal is given the jurisdiction to extend time. That jurisdiction seems to have been left to the Commission solely. No rationale for such an unusual feature was argued before me. If this restrictive and one-sided interpretation of ss. 79(1) is correct, an issue of natural justice arises. It may be that Parliament intended, for a good and valid purpose, to create a one-sided provision in the legislation in respect of extensions. But if it did so, its reason is not obvious.


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