Decision 44167

Case Number Claimant Judge Language Decision date
Decision 44167   Gobeil  French 1999-02-17
Decision Appealed Appellant Corresponding Case
Allowed  No Commission  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  errors in law  discretionary power 

Summary:

The severity of the penalty is subject to the Commission's discretion, although the Commission must work within a certain framework and certain limits. The Commission decided on the severity of the penalty with full knowledge of exactly the same facts that BOR took into account in reducing the penalty. In such circumstances, what is involved is not a discretionary decision by the Commission that can be corrected or cancelled. BOR members may view the same circumstances differently from the Commission, but this is not sufficient grounds to entitle BOR to revise the decision.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties  reconsideration of penalty  remove 

Summary:

The severity of the penalty is subject to the Commission's discretion, although the Commission must work within a certain framework and certain limits. The Commission decided on the severity of the penalty with full knowledge of exactly the same facts that BOR took into account in reducing the penalty. In such circumstances, what is involved is not a discretionary decision by the Commission that can be corrected or cancelled. BOR members may view the same circumstances differently from the Commission, but this is not sufficient grounds to entitle BOR to revise the decision.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties  reconsideration of penalty  reduction 

Summary:

The severity of the penalty is subject to the Commission's discretion, although the Commission must work within a certain framework and certain limits. The Commission decided on the severity of the penalty with full knowledge of exactly the same facts that BOR took into account in reducing the penalty. In such circumstances, what is involved is not a discretionary decision by the Commission that can be corrected or cancelled. BOR members may view the same circumstances differently from the Commission, but this is not sufficient grounds to entitle BOR to revise the decision.


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