Summary of Issue: Second Notice A Nullity

Decision 30735 Full Text of Decision 30735

First notice of distribution sent 27-5-92. Appealed 12-6-92. Second notice send 16-6-92 and third notice sent 16-7-92. Possible revision pursuant to 43 and 86(A) if there are new facts, if the decision was made before an essential fact was known or if it is based on an error regarding this fact.

Decision 25169 Full Text of Decision 25169

Voluntary leaving notice on 30-6-92. Appeal on 17-7-92. Notice changed to refusal of suitable employment on 3-8-92. The Board manifestly erred in law. The Commission could not invoke s. 86 to change a decision which was already pending an appeal (VON FINDENIGG and POULIN cited).

Decision A-0516.91 Full Text of Decision A-0516.91

What the Commission in effect is asking amounts to a statement that the judgment in VON FINDENIGG is no longer applicable and should not be followed. We cannot grant such a request inasmuch as we are not convinced that it is erroneous nor that the jurisprudence has reduced its binding effect. Notice of refusal 10-5 based on refusal of work. Appeal to Board 3-6. Amended notice sent 17-6: voluntary leaving nullifies first notice and gives new right of appeal. Second notice held unacceptable: not authorized by s. 43 (no monies paid) nor 86. Judgment upheld by FC.

Decision 19688 Full Text of Decision 19688

Refer to: A-0516.91

Decision 17695 Full Text of Decision 17695

Notice of a decision on 9-7 stating misconduct; appeal to the Board on 22-7; notice amended on 28-7 stating voluntary termination of employment. I agree with VON FINDENIGG that an error by CEIC cannot be changed once the appeal has been lodged. 2nd notice was null and void.

Decision 14631 Full Text of Decision 14631

Notice of disentitlement effective 29-1-86 issued 30-1-86; appeal filed 4-2-86; decision amended without new facts 13-2-86 effective 3-11-85 to correct the error. CEIC had no authority to amend the decision unless new facts were presented. Referred to the Board.

Decision 14620 Full Text of Decision 14620

Appeal against first denial; CEIC cannot amend the decision, add new grounds and state that the appeal will follow its course. No new facts; 41(10) not used, action beyond jurisdiction; examines VON FINDENIGG, CUB-11108 and 11250; referred to the Board.

Decision 13520 Full Text of Decision 13520

Seamen's holiday. Decision relating to earnings was amended to hold not unemployed one month after insured appealed. Amended decision void and case referred back to CEIC for redetermination.

Decision 12780 Full Text of Decision 12780

The Commission must choose its grounds with care and be prepared to support them on appeal. It cannot switch to another in the middle of proceeding. Neither may the Board do this.

Decision 12631 Full Text of Decision 12631

Notice sent 10-12 saying not unemployed. Appeal 10-1. Notice sent 16-1 saying no interruption of earnings. It is now well established that where the Commission has refused a claim on one ground and that refusal has been appealed, another ground cannot be invoked. See FINDENIGG.

Decision 12305 Full Text of Decision 12305

Request for antedating renewal claim treated as if initial under s.9(4). The claimant appealed and the Commission amended the decision and relied on s.41(4). The Board had no jurisdiction to decide as it did, the decision was a nullity.

Decision T-2064.85 Full Text of Decision T-2064.85

Disqualified for voluntary leaving 6-5. Appeal filed 23-5. Amended notice showing misconduct sent 30-5. Board allows appeal regarding first notice and holds second notice as void. 3rd notice sent by CEIC showing misconduct. Writ of mandamus. Benefits to be paid under s. 87.

Decision 11108 Full Text of Decision 11108

The Commission argues that ss.43(1) is the remedy to VON FINDENIGG to amend a notice following appeal. Given the Commission's refusal, no benefits have yet been paid and so the cited provision has no application because it does not address the issue. VON FINDENIGG referred to. In purporting to adjudicate upon those 2 nullities as if they were the subject of the appeal, the Board lost, or never acquired, jurisdiction. The Board must adjudicate an issue fully appreciated by the parties.

Decision A-0737.82 Full Text of Decision A-0737.82

1st notice refers to reg. 39(a). Case upheld by Board under 39(b). 2nd notice refers to s.41 and is a nullity. The Umpire was correct in setting aside the Board's decision. However, to leave the matter there does not entitle claimant to benefit. 41(10) to be considered. Once the appeal procedure is invoked it was too late for the Commission to exercise its authority under s.86, even though it does not expressly put any time limit. Otherwise a lower tribunal could intervene while the matter is pending before a higher court. [p.5] As the Commission's refusal was under appeal when the 2nd notice was issued, the matter was out of the Commission's hands and the notice was a nullity. I take this view notwithstanding s.86. No new fact had been presented and no mistake as to a materialfact. [p.4]