Decision A-0709.95

Case Number Claimant Judge Language Decision date
Decision A-0709.95 Lavoie Nadia-Christine  Federal  French 1996-11-27
Decision Appealed Appellant Corresponding Case
Allowed Majority - Returned to the ump  No Commission  29303 


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  errors in law  excess of jurisdiction 

Summary:

In exercising its discretionary power, the Commission judicially refused to extent the appeal period. However, the Board of Referees allowed the claimant to appeal in spite of the fact that she did this after the deadline. FCA found that the BOR could not, in this case, substitute its discretion for that of the Commission, unless it seemed that the Commission had not exercised its discretion judicially by taking into account irrelevant considerations or failing to take into account relevant ones.


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

Summary:

In exercising its discretionary power, the Commission judicially refused to extent the appeal period. However, the Board of Referees allowed the claimant to appeal in spite of the fact that she did this after the deadline. FCA found that the BOR could not, in this case, substitute its discretion for that of the Commission, unless it seemed that the Commission had not exercised its discretion judicially by taking into account irrelevant considerations or failing to take into account relevant ones.


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