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    IN THE MATTER of a claim

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    IN THE MATTER of an appeal to an Umpire by the claimant from a decision by the Board of Referees given on March 20, 2008 at North York, Ontario.


    The Honourable R.J. Marin

    [1] This claimant appeal was listed for hearing in Toronto on March 11, 2009.

    [2] I note the claimant did not appear before the Board of Referees. I asked her whether she had been notified. She informs me the Board advised her of the hearing. She sought to have an adjournment or a telephone hearing since she has two young siblings in her care. Neither request was honoured. The Board proceeded in her absence.

    [3] The matter is somewhat disturbing since an Umpire is limited to a judicial review; facts are better explained to a Board and a finding made. Accordingly, I am not satisfied the matter should proceed before the undersigned.

    [4] In the interest of the administration of justice and with consent of the Commission, this matter is returned to a Board differently constituted for a new hearing. The appeal is therefore allowed to this extent. The impugned decision of the Board will be removed from the file before the hearing.

    R.J. MARIN


    OTTAWA, Ontario
    April 14, 2009