IN THE MATTER of the EMPLOYMENT INSURANCE ACT
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IN THE MATTER of a claim by
Joseph SCHNURR
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IN THE MATTER of an appeal to an Umpire by the employer, Maximilian Huxley Building & Renovations Ltd, from the decision by the Board of Referees given on October 6, 2005, at Victoria, British Columbia
DECISION
PAUL ROULEAU, Chief Umpire Designate
The employer is seeking reconsideration of my decision in CUB 65668, dated April 21, 2006, pursuant to section 120 of the Employment Insurance Act. Having reviewed the letter of the employer dated June 2, 2006, I cannot see that there are any new facts here which would warrant reconsideration and which were not in existence at the time the employer filed his appeal to the Umpire.
In rendering my decision dated April 21, 2006 I had taken all evidence into consideration, including the employer's letter of November 21, 2005. I had also thoroughly reviewed the Board of Referees' decision and was satisfied that the employer's representative had appeared before the Board and had been given an opportunity to present her case. I found that, based on the evidence submitted by both parties, it was open to the Board to conclude as it did and that my intervention was not warranted.
Though there is no new grounds submitted pursuant to section 120 of the Act, the Umpire is aware that the employer suggested that they want a new oral hearing. Exhibits 25.1 and 25.2 clearly indicate that the employer waived its right to an oral hearing.
For the above reasons the application for reconsideration is dismissed. No further reconsideration can be entertained by the Umpire. The claimant's remedy now lies in a judicial review application at the Federal Court of Appeal.
Paul Rouleau
UMPIRE
OTTAWA, Ontario
October 31, 2006