Summary of Issue: Independent Decision-Making

Decision A-0586.98 Full Text of Decision A-0586.98

The second Board of Referees was not bound by the decision of the earlier BOR. It had to consider the evidence before it. The file before the second BOR contained evidence on the basis of which the BOR could decide as it did, without committing an error of principle.

Decision 41785 Full Text of Decision 41785

See summary indexed under FCA A-0586.98

Decision A-0737.97 Full Text of Decision A-0737.97

The BOR had the right to reject the evidence after weighing and assessing it, but it could not ignore it.

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. The BOR is empowered to engage in a de novo review with respect to factual matters and is in a better position to make objective findings of fact. It is the BOR which functions as a quasi-judicial body not the Commission.

Decision 31589 Full Text of Decision 31589

Determined that the beneficiary shall not be excluded until a decision is rendered by the Labour Court. Refusal by the Board to exercise its authority. Case returned to the Board for a decision independent of any Labour Court decision on the beneficiary's grievance.

Decision 25953 Full Text of Decision 25953

Refer to: A-0694.94

Decision 23906 Full Text of Decision 23906

In hearing an appeal from the Commission the Board hears the case as a trial de novo, that is it will make its own findings of fact and interpretation of law with the one exception -- the matter of a discretionary exercise by the Commission where the Commission has statutory jurisdiction.

Decision 17975 Full Text of Decision 17975

The Board allowed the appeal for no other reason than perceived consistency with previous Board and Commission decisions. It did not identify those decisions and failed to make a finding. It did not exercise its jurisdiction in finding that they were bound by those decisions.

Decision 16648A Full Text of Decision 16648A

The Board erred in law in simply endorsing the decision on the basis that "the Commission has acted responsibly". This is of no direct relevance. It is the correctness of that decision which the Board is obliged to determine.

Decision 14056 Full Text of Decision 14056

No obligation for claimant to disprove the Commission's position that she left without just cause. The Board must weigh the evidence for itself and decide what conclusion is appropriate. The Commission's version should not be presumed to be accurate.

Decision 10602 Full Text of Decision 10602

The chairperson obtained a circular from the Commission and applied its contents. I accept claimant's argument that the Board abdicated its decision-making responsibilities and did not make an independent decision. It deferred to the Commission's decision. [p._15]