Summary of Issue: Presumption

Decision A-0397.99 Full Text of Decision A-0397.99

Claimant failed to attend an interview saying she had no prior knowledge of the scheduled interview and outlining difficulties she had experienced with mail deliveries. BOR concluded that since claimant had received all other mail, she had received the notice to report. Umpire ruled that in the face of the claimant's denial of receipt of the notice and in the absence of any finding of credibility adverse to the claimant, the BOR had erred in law in giving effect to the presumption of delivery by post. The Court upheld the Umpire's decision stating that the Commission produced no evidence that it had mailed the notice.

Decision 43843A Full Text of Decision 43843A

See summary indexed under FCA A-0397.99

Decision 23072 Full Text of Decision 23072

Absent any certificate under ss. 102(2). Where letters were said to have been mailed to claimant, but claimant denied having received them and there is no certificate or other proof to the contrary, then the claimant should have been given the benefit of the doubt in the matter of special reasons.

Decision A-0637.86 Full Text of Decision A-0637.86

Distinction between the 2 versions of "is evidence" used in ss. 102(2). French version translates the legislative intent with greater precision. The presumption only operates in "the ordinary course of the mails". Not applicable if the address is not claimant's.