Summary of Issue: Remove

Decision A-0353.01 Full Text of Decision A-0353.01

A penalty imposed by the Commission that is reduced to zero by the Board of Referees amounts to no penalty at all and, in reality, is a usurpation of power that resides exclusively in the Commission under the legislation. Where, however, mitigating circumstances are shown to the BOR, the Board may reduce the quantum of the penalty to an amount that it considers commensurate with those circumstances. Reference made to the FCA decision in Turgeon (A-0715.95).

Decision 51357 Full Text of Decision 51357

See summary indexed under FCA A-0353.01

Decision 44167 Full Text of Decision 44167

The severity of the penalty is subject to the Commission's discretion, although the Commission must work within a certain framework and certain limits. The Commission decided on the severity of the penalty with full knowledge of exactly the same facts that BOR took into account in reducing the penalty. In such circumstances, what is involved is not a discretionary decision by the Commission that can be corrected or cancelled. BOR members may view the same circumstances differently from the Commission, but this is not sufficient grounds to entitle BOR to revise the decision.

Decision A-0525.97 Full Text of Decision A-0525.97

FCA reiterates its position that as long as the Commission exercises its discretionary power judicially, that is to say by taking into account all relevant considerations and without being influenced by any improper ones, neither the BOR, the umpire nor this Court, is entitled to interfere.

Decision A-0769.96 Full Text of Decision A-0769.96

By deciding to rescind the penalty on the ground that he was applying the Morin Judgment, the Umpire committed an error of law in that he failed to apply the very first requirement established by this Court in the Morin case: one must first conclude that the Commission exercised its discretionary power in a non-judicial manner when it imposed a penalty upon the claimant. No reversible error made by the BOR. Umpire merely substituted his own opinion for that of the Commission and the BOR.

Decision 37891 Full Text of Decision 37891

See FCA A-0525.97

Decision 25953 Full Text of Decision 25953

Refer to: A-0694.94

Decision A-0694.94 Full Text of Decision A-0694.94

Whether the phrase "in its opinion" has the effect of insulating the Commission's decision to impose a penalty from review by the BOR. Held that BOR possesses the requisite jurisdiction to formulate its own opinion with respect to a false or misleading statement.

Decision 24420A Full Text of Decision 24420A

Penalty cancelled by the Board. Held that the Board of Referees had no jurisdiction to forgive a penalty and it erred in law when it concluded as it did.

Decision 25256 Full Text of Decision 25256

In Smith and Simard, it was found that only the Commission has the discretionary power to assess a penalty. Consequently, the Board has no jurisdiction to intervene in this issue, and its decision to rescind the penalty is illegal. [Although this point was not appealed.]