Decision A-0874.97

Case Number Claimant Judge Language Decision date
Decision A-0874.97 Filiatrault Muguette  Federal  French 1998-09-18
Decision Appealed Appellant Corresponding Case
Allowed Unanimous  No Commission  39197 


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
reconsideration of claim  authority to review  time limitation 

Summary:

The BOR did not have the jurisdiction to decide whether the Commission had rightly refused to write off the debt and the Umpire erred in not cancelling the BOR's decision in this respect. The debtor should have proceeded by requesting a judicial review before the Trial Division of the FCA and not by appealing to the Umpire. Obviously the Commission must record its decision and convey it to the person concerned.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
reconsideration of claim  overpayment  authority to write off 

Summary:

The BOR did not have the jurisdiction to decide whether the Commission had rightly refused to write off the debt and the Umpire erred in not cancelling the BOR's decision in this respect. The debtor should have proceeded by requesting a judicial review before the Trial Division of the FCA and not by appealing to the Umpire. Obviously the Commission must record its decision and convey it to the person concerned.


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

Summary:

The BOR did not have the jurisdiction to decide whether the Commission had rightly refused to write off the debt and the Umpire erred in not cancelling the BOR's decision in this respect. The debtor should have proceeded by requesting a judicial review before the Trial Division of the FCA and not by appealing to the Umpire. Obviously the Commission must record its decision and convey it to the person concerned.


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