Decision 10230

Case Number Claimant Judge Language Decision date
Decision 10230   Muldoon  English 1985-03-12
Decision Appealed Appellant Corresponding Case
Dismissed  No N/A  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
interruption of earnings  real estate salespersons 

Summary:

No interruption of earnings under reg. 37(5) while claimant retains licence. The difficulty with deeming provisions is that, if one's situation corresponds with their premises, they operate according to their tenor, even if it be contrary to actual facts. [p. 8]


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  jurisdiction  priority of law 

Summary:

One may well consider deeming reg. 37(5) to be unrealistic and unjust. However, neither the Board nor the Umpire is constituted to be a court of equity and both are obliged simply to apply the law as it is written. [p._8]


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