Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
penalties |
commission policy |
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Summary:
Commission's policy: 100% of rate for a first offence, 200% for repeat. The Commission exceeded its discretionary power in deciding ahead of time what penalty was to be imposed. Can we adopt a rigid formula that does not take into account the particular circumstances of each case? I doubt this.
Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
penalties |
reconsideration of penalty |
reduction |
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Summary:
I must find that the Board did not err in holding that it had the power to vary the amount of the penalty in light of the extenuating circumstances. This means that I do not share the opinion expressed in CUB 20766.