Summary of Issue: Discretionary Power Waiver Or Variation Of Requirements

Decision 75124 Full Text of Decision 75124

The Umpire has been advised through a letter from social worker that the claimant passed away suddenly on January 2, 2010. No will has been recognized or written, and no heir has been named. No formal renunciation request was made before a notary within the time limit prescribed by the Act. The Umpire cannot render a decision as long as the deceased is not represented, given that his counsel has stated that he no longer has a mandate and has withdrawn. The Commission should give notice to the Public Curator, who is invested ex officio with all the rights of unsettled estates, and inform the latter that he should either revive the proceeding or produce a discontinuance of the appeal by the deceased in order to settle this case.

Decision 21227 Full Text of Decision 21227

Refer to: A-1000.92

Decision A-1000.92 Full Text of Decision A-1000.92

Report cards not filed within the time prescribed by ss. 34(1). It seems that as the time for filing the cards had expired the provisions of ss. 41(10) were inapplicable and that it had to be determined whether in the circumstances there was "good cause" for the delay in taking the required action.

Decision A-0541.85 Full Text of Decision A-0541.85

The Umpire took the view that ss. 41(10) was covered by the Board's jurisdiction to review Commission's decisions. It is a view not borne out by a proper reading since its opinion [the Commission's] shall prevail. Clearly rejected by DESJARDINS. Ss. 41(10) can be resorted to to cure the effect of a belated claim. I am of the opinion, however, that it was not its purpose. The power conferred is that of waiving, not to reinstate a right already lost. Applies to groups of cases.

Decision 10633 Full Text of Decision 10633

Refer to: A-0541.85

Decision A-0737.82 Full Text of Decision A-0737.82

The power to waive under ss.41(10) is vested only in the Commission and when it is invoked by a claimant it must be exercised by the Commission. It goes without saying that it must be exercised fairly and not arbitrarily. [p. 6]

Decision A-0168.80 Full Text of Decision A-0168.80

Insured stated that he had not received the forms sent to him by the CEIC. Umpire allowed the case because in his opinion the CEIC should have used 55(10). Error of law. Only the CEIC may exercise that power. The Umpire therefore exceeded his jurisdiction.