Decision 21413

Case Number Claimant Judge Language Decision date
Decision 21413   Joyal  French 1992-08-24
Decision Appealed Appellant Corresponding Case
Dismissed  No N/A  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties  commission policy 

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 

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.


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