Decision A-0360.95

Case Number Claimant Judge Language Decision date
Decision A-0360.95 Ehman Carol A.  Federal  English 1996-02-09
Decision Appellant Corresponding Case
Dismissed Unanimous  No N/A 


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
antedate  misinformation from third party 

Summary:

Following legal advice, claimant suspended her claim until settlement by the Court concerning child maintenance payments. Held by the FCA that provisions of the Act cannot be used in such a way as to permit claimants to avoid the intended effects of a valid court order. Lawyer's advice is irrelevant


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
antedate  waiting for grievance settlement or judgment 

Summary:

Following legal advice, claimant delayed in filing her application until settlement by the Court concerning child maintenance payments. Held by the FCA that provisions of the Act cannot be used in such a way as to permit claimants to avoid the intended effects of a valid court order.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
antedate  conscious choice  preoccupation 

Summary:

Following legal advice, claimant delayed in filing her application until settlement by the Court concerning child maintenance payments. Acted in her own best interests but not as would any reasonable and prudent person. Did not possess unilateral right to defer receipt of monies otherwise payable.


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