Decision A-0600.95

Case Number Claimant Judge Language Decision date
Decision A-0600.95 Sirois Nathalie  Federal  French 1996-05-29
Decision Appealed Appellant Corresponding Case
Allowed Unanimous  No Commission  28814 


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  special reasons  appealable  time for appeal to bor 

Summary:

Late appeal (4 months). In the absence of an explanation as to how the Commission had not exercised its discretion in a judicial manner under subsection 79(1) of the Act, the Board of Referees could not substitute its discretion for that of the Commission. The Umpire therefore erred in not concluding that the Board of Referees had been wrong to substitute its discretion for that of the Commission.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  special reasons  discretion of Commission  time for appeal to bor 

Summary:

Late appeal (4 months). In the absence of an explanation as to how the Commission had not exercised its discretion in a judicial manner under subsection 79(1) of the Act, the Board of Referees could not substitute its discretion for that of the Commission. The Umpire therefore erred in not concluding that the Board of Referees had been wrong to substitute its discretion for that of the Commission.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  board of referees  legislative authority  discretionary powers 

Summary:

Late appeal (4 months). In the absence of an explanation as to how the Commission had not exercised its discretion in a judicial manner under subsection 79(1) of the Act, the Board of Referees could not substitute its discretion for that of the Commission. The Umpire therefore erred in not concluding that the Board of Referees had been wrong to substitute its discretion for that of the Commission.


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