Decision A-0930.96
Full Text of Decision A-0930.96
summary
| Issue: |
Sub-Issue 1: |
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| board of referees |
appeal system |
right of appeal |
identify issue |
Summary:
FCA ruled that when a notice of appeal is filed before the process defined in subsection 43(1) is completed, this notice is premature and nothing prevents the Commission from completing the process. The Commission may go so far as to complete the process by giving notice of the overpayment amount contained in its written submissions to the BOR. Consequently, in the case at bar, the appeal notice filed by the claimant was premature, as he had not yet been notified of the amount of the overpayment.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
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| reconsideration of claim |
overpayment |
calculation |
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| reconsideration of claim |
authority to review |
claimant's request |
reconsideration of claim by Commission |
Decision T-0472.88
Full Text of Decision T-0472.88
summary
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| board of referees |
appeal system |
right of appeal |
identify issue |
Summary:
Under ss. 43(1), the reconsideration of a situation which does not alter an earlier decision is not appealable under ss. 43(2). Only decisions that alter an earlier decision are appealable.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
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| reconsideration of claim |
authority to review |
change in jurisprudence |
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| reconsideration of claim |
authority to review |
claimant's request |
reconsideration of claim by Commission |
Decision 10722
Full Text of Decision 10722
summary
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| board of referees |
appeal system |
right of appeal |
identify issue |
Summary:
Claimant advised that he was not eligible for referral to course. He did not appeal the decision. Assuming without deciding that there might have been a right of appeal, the Commission is under no obligation at law to give legal advice as to this possibility. See MERCIER.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| reconsideration of claim |
errors by Commission |
not a ground of entitlement |
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| board of referees |
appeal system |
right of appeal |
responsibility |