Decision A0066.08
Full Text of Decision A0066.08
summary
| Issue: |
Sub-Issue 1: |
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| umpires |
jurisdiction |
request for review |
new facts to BOR, Umpire or Commission |
Summary:
The FCA allowed the claimant's application for judicial review under EIA 120 on the basis that the Umpire was not entitled to reconsider the BOR's decision simply on the basis that it misapprehended the facts and the Umpire would have reached a different conclusion.
Decision A0576.06
Full Text of Decision A0576.06
summary
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| umpires |
jurisdiction |
request for review |
new facts to BOR, Umpire or Commission |
Summary:
The claimant applied for judicial review of three umpire decisions. The first CUB upheld the Board's decision that the claimant had lost his employment by reason of his own misconduct (disregarding the employer's property by climbing over a newly installed fence and causing significant damage). The second CUB dismissed the claimant's request for reconsideration under section 120 of the EI Act on the ground there were no new facts. The third CUB involved a second request for reconsideration this time refused by the Chief Umpire again on the ground of no new facts. The Court said the only one of the three decisions properly before it was the last decision of the Chief Umpire since the other two were not challenged within the 30-day delay prescribed by section 18.1(2) of the Federal Courts Act. The claimant failed to convince the Court that that there was any basis upon which the first Umpire's decision should be reconsidered and the Court concluded that neither the first Umpire nor the Chief Umpire made any error in refusing reconsideration of the first CUB. The claimant also failed to convince the Court that the first CUB decision in regard to misconduct was in error.
Decision A-0624.04
Full Text of Decision A-0624.04
summary
| Issue: |
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Sub-Issue 3: |
| umpires |
jurisdiction |
request for review |
new facts to BOR, Umpire or Commission |
Summary:
In the absence of special circumstances, the Court has repeatedly stated that it will not use a judicial review of a reconsideration decision as a vehicle to attack collaterally the original decision. The fact that the claimant is self-represented does not in itself constitute special circumstances.
Decision A-0418.03
Full Text of Decision A-0418.03
summary
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| umpires |
jurisdiction |
request for review |
new facts to BOR, Umpire or Commission |
Summary:
The claimant had received an overpayment of benefits by the Commission as a result of an allocation of undeclared earnings. The claimant applied for a reconsideration of the Umpire's decision, pursuant to s.120, which was denied on the basis that no new facts were submitted. The FCA maintained that this was open to the Umpire on the record and that his decision could not be questioned.
Decision A-0251.03
Full Text of Decision A-0251.03
summary
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| umpires |
jurisdiction |
request for review |
new facts to BOR, Umpire or Commission |
Summary:
The claimant states that his two brothers and his sister won their respective appeals dealing with the same factual situations. The Court found that there were no new facts nor a mistake as to material fact that would have warranted the Umpire to reconsider his decision.
Decision A-0354.03
Full Text of Decision A-0354.03
summary
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| umpires |
jurisdiction |
request for review |
new facts to BOR, Umpire or Commission |
Summary:
The Court found that the Umpire was correct in not reconsidering his decisions and dismissed the applications on the basis that the claimants were essentially attempting to re-litigate their Appeals on a section 120 rather than present new facts.
Decision A-0172.03
Full Text of Decision A-0172.03
summary
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| umpires |
jurisdiction |
request for review |
new facts to BOR, Umpire or Commission |
Summary:
The claimant was refused an extension of time to file an appeal. In deciding on the claimant's appeal for the Umpire to reconsider his first decision the Court agreed with the Umpire in finding that there were no new facts permitting the application of section 120 of the Act.
Decision A-0566.02
Full Text of Decision A-0566.02
summary
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| umpires |
jurisdiction |
request for review |
new facts to BOR, Umpire or Commission |
Summary:
Claimant's WLI payable under the Manitoba Teachers' Society Long Term Disability Plan was not excluded from the definition of earnings. The Umpire refused to reconsider his original decision pursuant to section 120 of the EI Act. The Court found that the Umpire had correctly concluded that the claimant failed to present new facts or to show that his original decision was based on a material mistake.
Decision 55867A
Full Text of Decision 55867A
summary
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| umpires |
jurisdiction |
request for review |
new facts to BOR, Umpire or Commission |
Summary:
Refer to summary indexed under FCA A-0418.03
Decision A-0194.02
Full Text of Decision A-0194.02
summary
| Issue: |
Sub-Issue 1: |
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Sub-Issue 3: |
| umpires |
jurisdiction |
request for review |
new facts to BOR, Umpire or Commission |
Summary:
The Court found that the Umpire was correct in dismissing the section 120 application of the claimant on the grounds that no new facts were disclosed.
other summary
| Other Issue(s): |
Sub-Issue 1: |
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Sub-Issue 3: |
| penalties |
knowingly |
|
|
Decision 55138A
Full Text of Decision 55138A
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| umpires |
jurisdiction |
request for review |
new facts to BOR, Umpire or Commission |
Summary:
Refer to summary indexed under FCA A-0354.03
Decision 51123A
Full Text of Decision 51123A
summary
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| umpires |
jurisdiction |
request for review |
new facts to BOR, Umpire or Commission |
Summary:
Refer to summary indexed under FCA A-0251.03
Decision 55121A
Full Text of Decision 55121A
summary
| Issue: |
Sub-Issue 1: |
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| umpires |
jurisdiction |
request for review |
new facts to BOR, Umpire or Commission |
Summary:
Refer to summary indexed under FCA A-0172.03
Decision A-0012.02
Full Text of Decision A-0012.02
summary
| Issue: |
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| umpires |
jurisdiction |
request for review |
new facts to BOR, Umpire or Commission |
Summary:
The Court concluded that the claimant could not rely on new evidence brought forward during a section 120 request for reconsideration.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
legislation |
questions to examine |
|
Decision 54428A
Full Text of Decision 54428A
summary
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| umpires |
jurisdiction |
request for review |
new facts to BOR, Umpire or Commission |
Summary:
Refer to summary indexed under FCA A-0566.02
Decision A-0020.00
Full Text of Decision A-0020.00
summary
| Issue: |
Sub-Issue 1: |
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| umpires |
jurisdiction |
request for review |
new facts to BOR, Umpire or Commission |
Summary:
The BOR had refused to allow the claimant to put in evidence before it of her job search in order to demonstrate that her involvement with the business was only minor. The FCA held that the Umpire erred in refusing to receive the claimant's evidence regarding the Board's refusal to look at her job search. A Board is normally obliged to hear such evidence and its refusal to do so, if unexplained, could be found by an Umpire to be a denial of natural justice.
other summary
| Other Issue(s): |
Sub-Issue 1: |
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| reconsideration of claim |
authority to review |
new facts vs reconsideration |
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Decision A-0417.00
Full Text of Decision A-0417.00
summary
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| umpires |
jurisdiction |
request for review |
new facts to BOR, Umpire or Commission |
Summary:
The umpire weighed the evidence and found that claimant had failed to prove the "new fact" that he had been ill on the date of the first hearing when he did not show up. Decision upheld by the FCA. The medical certificate gives no indication of what the probems were, or why he could not attend. It merely states "OFF... due to medical illness". Regardless of any "large and liberal" interpretation which may be applied to this note, details cannot be derived where none exist.
Decision 46812A
Full Text of Decision 46812A
summary
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Sub-Issue 1: |
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| umpires |
jurisdiction |
request for review |
new facts to BOR, Umpire or Commission |
Summary:
See summary indexed under FCA A-0417.00
Decision A-0728.97
Full Text of Decision A-0728.97
summary
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| umpires |
jurisdiction |
request for review |
new facts to BOR, Umpire or Commission |
Summary:
Umpire dismissed request to produce a doctor's certificate, saying that the evidence had been available during the hearing before the BOR, that the claimant had not tried to present a certificate at that time and that it did not constitute a new fact. FCA stated that the fundamental condition for new evidence is that it be material, in that it is likely to have a major impact on the resolution of the issue, if not to provide a complete solution.
other summary
| Other Issue(s): |
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| umpires |
jurisdiction |
evidence new |
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| reconsideration of claim |
new facts |
definition |
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Decision 39562A
Full Text of Decision 39562A
summary
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Sub-Issue 1: |
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| umpires |
jurisdiction |
request for review |
new facts to BOR, Umpire or Commission |
Summary:
New facts within the meaning of section 120 must be decisive in relation to the matter submitted. The fact that the claimant proved his availability for the period in question is not a new fact that was decisive for the case submitted, since the Umpire did not have to rule on the claimant’s availability but rather on his unemployment status.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| reconsideration of claim |
new facts |
definition |
|
Decision A-0430.96
Full Text of Decision A-0430.96
summary
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Sub-Issue 1: |
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Sub-Issue 3: |
| umpires |
jurisdiction |
request for review |
new facts to BOR, Umpire or Commission |
Summary:
Claimant disqualified for having voluntarily left his employment without just cause. Decision upheld by BOR and Umpire. Claimant sought reconsideration by way of a decision rendered by an adjudicator under the Labour Standards Act (LSA). Decision maintained by Umpire. FCA held that reconsideration of the umpire's decision based on the decision of an adjudicator made in paralleled proceedings taken pursuant to the LSA was unnecessary since the factual conclusions of the adjudicator were not "new facts" within S.86 of the U.I. Act and were irrelevant to the issues before the umpire.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| reconsideration of claim |
new facts |
definition |
|
| voluntarily leaving employment |
applicability |
decision by another body |
|
Decision A-0044.97
Full Text of Decision A-0044.97
summary
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| umpires |
jurisdiction |
request for review |
new facts to BOR, Umpire or Commission |
Summary:
Claimant seeks reconsideration of a previous decision rendered by the umpire. Quoting Chan (A-185-94), the umpire stated that the scope of an Umpire's authority for reconsideration is narrow and may be exercised only upon one or more of the following conditions: 1) presentation of new facts, 2) decision given without knowledge of some material fact or, 3) decision based upon a mistake as to some material fact. Claimant's application for judicial review dismissed by FCA.
Decision A-0417.96
Full Text of Decision A-0417.96
summary
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Sub-Issue 1: |
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| umpires |
jurisdiction |
request for review |
new facts to BOR, Umpire or Commission |
Summary:
Claimant's request for amending the decision made on basis that other cases involving same employer had a different outcome was denied by Umpire. Summarily dismissed by the FCA.
Decision 23724
Full Text of Decision 23724
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| umpires |
jurisdiction |
request for review |
new facts to BOR, Umpire or Commission |
Summary:
Refer to: A-0648.94
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| misconduct |
leave of absence denied |
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|
Decision A-0648.94
Full Text of Decision A-0648.94
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| umpires |
jurisdiction |
request for review |
new facts to BOR, Umpire or Commission |
Summary:
Held by the FCA that there was no breach of natural justice flowing from the fact that an application for reconsideration, pursuant to S.86 of the Act, was considered by the same Umpire that rendered the initial decision.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| misconduct |
leave of absence denied |
|
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Decision 20707A
Full Text of Decision 20707A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| umpires |
jurisdiction |
request for review |
new facts to BOR, Umpire or Commission |
Summary:
As the employer, who is an interested party to these proceedings, was never afforded the opportunity to make submissions to the Umpire, I am exercising the powers given to an Umpire pursuant to s.86 to rescind my decision. The matter is to be set down for a new hearing before the Umpire.
Decision 19544A
Full Text of Decision 19544A
summary
| Issue: |
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| umpires |
jurisdiction |
request for review |
new facts to BOR, Umpire or Commission |
Summary:
Nor does the ground based on s.15 of the Charter involve any "new facts" under s.86 or demonstrate any mistake of fact in my decision of 4-91. In relying on s.15 at this time, the claimant is simply raising a legal argument which he could have raised before me at the hearing.
This is not a proper ground for the exercise by me of a power of rescission of my decision pursuant to s.86. The recent decision of the Supreme Court in no way constitutes "new facts". Cases already decided cannot be constantly reopened because of laterlegal interpretations.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
pension |
charter |
|
| reconsideration of claim |
new facts |
definition |
|
Decision 18610A
Full Text of Decision 18610A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| umpires |
jurisdiction |
request for review |
new facts to BOR, Umpire or Commission |
Summary:
This is an application for review under s.86. Without determining what is included in "material fact", it is a fact that my decision is in conflict with many other CUBs. Administrative guidelines and judicial principles should enjoy consistency. Consistency should apply here.
Decision 16177A
Full Text of Decision 16177A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| umpires |
jurisdiction |
request for review |
new facts to BOR, Umpire or Commission |
Summary:
Refer to: A-0300.89
Decision A-0300.89
Full Text of Decision A-0300.89
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| umpires |
jurisdiction |
request for review |
new facts to BOR, Umpire or Commission |
Summary:
Claimant requests reconsideration of Umpire's decision while his case is pending before the Federal Court. As per VON FINDENIGG and CUB 8980A, it is too late for one to avail himself of s. 86 once a request for review has been initiated before the FC. Dismissed by FC without comment.
Decision 16104A
Full Text of Decision 16104A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| umpires |
jurisdiction |
request for review |
new facts to BOR, Umpire or Commission |
Summary:
Case reconsidered and allowed under s.86 even though the issue was pending before the Federal Court, a matter which is not raised in the reconsideration.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| reconsideration of claim |
material fact |
mistake as to a |
new facts to BOR, Umpire or Commission |
Decision 14572A
Full Text of Decision 14572A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| umpires |
jurisdiction |
request for review |
new facts to BOR, Umpire or Commission |
Summary:
Conflicting decisions by other Umpires do not constitute new facts under s.86. An Umpire cannot himself change his decision on the basis of conflicting decisions subsequently rendered by other Umpires.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| reconsideration of claim |
new facts |
definition |
|
Decision 10826A
Full Text of Decision 10826A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| umpires |
jurisdiction |
request for review |
new facts to BOR, Umpire or Commission |
Summary:
Claimant failed to attend the hearing because of an emergency arising in her family, 2 of her children taken to hospital on that day. This is a valid reason and under s.86 I am rescinding my decision and claimant is afforded another opportunity to attend.
Decision A-0170.80
Full Text of Decision A-0170.80
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| umpires |
jurisdiction |
request for review |
new facts to BOR, Umpire or Commission |
Summary:
Part of the settlement is for damages for breach of contract, another for compensation for loss of right to future earnings. The latter is earnings but no evidence to quantify the 2 portions. Since the Umpire is empowered under s.86 to hear new evidence, case returned for rehearing.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| claim procedure |
proof required for entitlement |
|
|
| earnings |
awards |
as income |
|
