| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| reconsideration of claim |
authority to review |
new facts vs reconsideration |
|
Summary:
As noted in FORTIN, the sole purpose of s. 43 is to give the Commission the authority to rectify any error in the processing of claims, and the Commission is not obliged to reconsider a claim at the sole request of an interested party.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
legislative authority |
discretionary powers |
|
Summary:
The exercise of discretionary power can be reviewed only if the deciding authority acted without or beyond its jurisdiction, violated procedural fairness, or acted in a discriminatory, unreasonable or perverse manner.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| reconsideration of claim |
authority to review |
change in jurisprudence |
|
Summary:
Argument raised by claimant: change in case law. The Commission was justified in not accepting that ground as sufficient to reconsider the claim under s. 43.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| reconsideration of claim |
authority to review |
claimant's request |
reconsideration of claim by Commission |
Summary:
As noted in FORTIN, the sole purpose of s. 43 is to give the Commission the authority to rectify any error in the processing of claims and the Commission is not obliged to reconsider a claim at the sole request of an interested party.
