Decision A-0770.87

Case Number Claimant Judge Language Decision date
Decision A-0770.87 Overall Randi  Federal  English 1988-06-14
Decision Appealed Appellant Corresponding Case
Dismissed Unanimous  No N/A  14045 


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  rules of construction  effective date of proviso 

Summary:

Dismissed 10-84; Regulations amended 3-85; award granted 9-85. Regulations prior to 31-3-85 exempted that amount but he only received it in 12-85. It clearly was earnings. At the time it was paid, new Regulations in effect. Upheld by FC.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings  awards  as income 

Summary:

When claimant threatened to ask for a rehearing before the Labour Board on the ground that he had not been properly reinstated as ordered, he was paid $4000 to abandon all claims. There was evidence for the Board of Referees to legally hold that this was earnings.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
umpires  grounds of appeal  capricious finding  meaning 

Summary:

The Umpire decided that the Board's finding was capricious and perverse. Since there was clearly evidence supporting the conclusion of the Board, the Umpire could not, under 80(c), substitute his judgment of the facts anymore than this Court under 28(1)(c).


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