Summary of Issue: Right Of Being Represented


Decision 25973A Full Text of Decision 25973A

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees right of being represented
Summary:

Refer to: A-0281.95

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
proof errors in law burden of proof
board of referees errors in law burden of proof
proof errors in law rules of evidence
board of referees right to be heard language to be used
week of unemployment farming full working week

Decision A-0281.95 Full Text of Decision A-0281.95

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees right of being represented
Summary:

They chose their representative, and absent some kind of fraud, the quality of the representation is of no concern to the Tribunal. If every dissatisfied client, after the fact, could challenge his representatives' handling of his case, there would be no end to the litigation. Not disturbed by FCA.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
proof errors in law burden of proof
board of referees errors in law burden of proof
proof errors in law rules of evidence
board of referees right to be heard language to be used
week of unemployment farming full working week

Decision 19778 Full Text of Decision 19778

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees right of being represented
Summary:

Claimant has requested that legal counsel be provided to him at government expense, otherwise his right to counsel is infringed. I reject this insofar as it concerns the Crown in right of Canada. No such requirement unless provincial legal aid programmeprovides for this. The legislation does not contemplate that one should be provided counsel. Indeed the provisions for appeals appear to contemplate informal, expeditious hearings where the claimant is personally present to argue his own case, though they do not exclude counsel from appearing.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings pension charter
earnings pension rationale

Decision 14592 Full Text of Decision 14592

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees right of being represented
Summary:

While the Commission should provide all possible help to claimants, especially to those with language difficulties, it is not always feasible to have someone interview them in their native tongue [Italian] nor is this a requirement of the legislation.


Decision 12663 Full Text of Decision 12663

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees right of being represented
Summary:

Obviously not for Commission to provide claimant who appeals with services of counsel. Open to claimant to represent himself or to be represented by someone of his choice.

Date modified: