| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| claim procedure |
discretionary power waiver or variation of requirements |
|
|
Summary:
Report cards not filed within the time prescribed by ss. 34(1). It seems that as the time for filing the cards had expired the provisions of ss. 41(10) were inapplicable and that it had to be determined whether in the circumstances there was "good cause" for the delay in taking the required action.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| antedate |
conscious choice |
preoccupation |
|
Summary:
The Umpire found that the delay of 4 or 7 weeks cannot be considered inordinate given the claimant's particular circumstances, i.e. the move to Calgary from Toronto, settling in Calgary, the unexpected return to Toronto and lack of familiarity. The Court was not persuaded that it should interfere.
