Decision A-0185.94

Case Number Claimant Judge Language Decision date
Decision A-0185.94 Chan Conita  Federal  English 1994-12-13
Decision Appealed Appellant Corresponding Case
Dismissed Unanimous  No N/A 


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
antedate  ignorance of the law  good faith 

Summary:

The second error is that the alleged new facts are not facts which could have constituted "good cause for delay". As was recently stated by this Court in LAROUCHE, good faith and ignorance of the law are not by themselves a valid excuse for not having complied with legal provisions.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
antedate  ignorance of the law  not an excuse 

Summary:

The second error is that the alleged new facts are not facts which could have constituted "good cause for delay". As was recently stated by this Court in LAROUCHE, good faith and ignorance of the law are not by themselves a valid excuse for not having complied with legal provisions.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
reconsideration of claim  new facts  definition 

Summary:

A different version of facts already known to claimant, mere afterthoughts or the sudden realization of the consequences of acts done in the past are not new facts. New facts, for reconsideration by an Umpire under s. 86, are facts that either happened after the decision was rendered or prior to the decision but that could not have been discovered by a claimant acting diligently. In both cases the facts alleged must have been decisive of the issue.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
umpires  jurisdiction  evidence new 

Summary:

Reconsideration by an Umpire on the basis of new facts should remain a rare commodity. UI claimants are given an exceptionally large number of opportunities to challenge UI decisions and Umpires should be careful not to let the reconsideration process be abused by careless or ill-advised claimants.


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