TRANSLATION
IN THE MATTER of the EMPLOYMENT INSURANCE ACT
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IN THE MATTER of a claim for benefits by
H.R.
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IN THE MATTER of an appeal to an Umpire by the claimant from the decision of a Board of Referees given on July 23, 2009, at Saint-Hyacinthe, Quebec.
The Honourable R. J. Marin
The claimant's appeal was to be heard in Saint-Hyacinthe on September 22, 2010.
At the hearing, the claimant's representative stated that he had asked a number of times to have the session recorded, and the requests were not granted; nothing was provided. Although a recording was claimed to have been made, it did not exist.
The claimant was entitled to the recording requested through his representative. Since the recording was not provided, the claimant was prevented from receiving a full and fair defence. For these reasons, I intervene in the interest of the administration of justice. The Commission did not fulfil its obligation to provide a recording.
The docket will be returned to a new Board. I encourage it to ensure that the recording is made in a timely manner, as it should have been in the first place. The erroneous decision shall be removed from the docket. The appeal will be heard by three new members.
The claimant's appeal is allowed; the previous decision is rescinded.
R.J. MARIN
UMPIRE
OTTAWA, Ontario
October 11, 2010