Summary of Issue: Denial Of Natural Justice

Decision 55346 Full Text of Decision 55346

BOR must provide all parties with the full opportunity to present their respective cases including the opportunity to fully respond to documentary evidence introduced by another party at the hearing. Failure by the Board to grant the claimant's request for time to review the documents constitutes a breach of natural justice.

Decision A-0211.01 Full Text of Decision A-0211.01

Suggestion was made in the FCA that the Commission had provided insights to BOR with information as to the content of questions that a claimant is required to answer on the Teledec system. This hardly satifies the fairness test. The BOR is an independent tribunal separate and apart from the Commission. Information about questions and answers specific to a particular case must be put before the BOR in that case and a claimant must know what simple question it is alleged he wrongly answered, in order that he have a fair opportunity to provide an explanation.

Decision A-0779.98 Full Text of Decision A-0779.98

The FCA stated that the claimant having not placed before the Umpire any affidavit deposing as to the irregularities alleged by her, it would be pure speculation on his part to deal with the procedural fairness of the BOR. The FCA further added that complaints of procedural unfairness give rise to one of the rare circumstances where fresh evidence can be placed before an Umpire without leave.

Decision 50753 Full Text of Decision 50753

See summary indexed under FCA A-0211.01

Decision A-0732.97 Full Text of Decision A-0732.97

See summary indexed under A-0733.97

Decision A-0733.97 Full Text of Decision A-0733.97

An adjournment was first requested in Nov. 94. Then a statutory declaration was filed stating that the claimant would be back in the country only in June 95. A hearing date was set for August 9, 1995. One day prior the hearing, a fax requesting another adjournment was filed. Request denied and the BOR proceeded with the case. Umpire ruled that there was no obligation on the BOR to try and reach the claimant by telephone as they could rely on the statutory declaration that the claimant and her husband would be back by June. The FCA simply refused to interfere with the Umpire's review of the BOR discretion to refuse another adjournment. No denial of natural justice.

Decision 40833A Full Text of Decision 40833A

See summary indexed under FCA A-0779.98

Decision A-0380.97 Full Text of Decision A-0380.97

Claimant is Francophone. At the hearing before the Umpire, the presentation made by the Commission’s representative was delivered entirely in English. The interpreter began to stumble, and stopped translating. Despite the claimant’s objections, the Umpire did not see fit to respond. Consequently, the claimant was unable to understand what was being presented, and could not respond with full knowledge of the matter. FCA found that such an infringement of the principles of natural justice necessarily vitiated the procedure before the Umpire, and hence the decision resulting from it. The matter was referred back to another Umpire for re-hearing in a manner that would fully respect the principles of natural justice.

Decision 36620A Full Text of Decision 36620A

See summary indexed under A-0733.97

Decision 36621A Full Text of Decision 36621A

See summary indexed under A-0733.97

Decision A-0928.96 Full Text of Decision A-0928.96

The claimant filed a complaint before the FCA because, in allowing her own preliminary objection and upholding her appeal, the BOR deprived her of her right to a hearing. However, when she appeared before the Umpire, the claimant did not attempt to correct the situation that she herself had created. FCA determined that the Umpire had not breached the rules of natural justice and dismissed the claimant's application for judicial review.

Decision 13536 Full Text of Decision 13536

The Board erred in law when it failed to find that there had been a breach of natural justice in the treatment accorded by the Commission to the claimant: the right to have his claim processed quickly and objectively and to expect assistance as noted inthe brochure.