(a) Operation of the Sections Generally
These sections are administrative provisions which are procedural in nature. If either the Commission, the Board of Referees or an Umpire decide a claim without being aware of an important document or piece of information, or without the affected party being able to present his or her point of view, these legislative provisions allow the decision-maker to re-open the case and correct the situation, either when the mistake is brought to its attention or it discovers the fact by its own means.
Briere v. C.E.I.C., [1989] 3 F.C. 88 (F.C.A.) A-637-86
It has been debated whether the sections allow the Commission, Board of Referees and an Umpire to amend or rescind any decision on the basis of new facts or whether they are restricted to amending or rescinding only their own decisions. However, the Federal Court of Appeal has favored the later interpretation on the basis that it is more in keeping with the plain and literal meaning of the legislative provisions and the scheme of the Act in general. A broader interpretation would have the effect of implementing a new appeal process by way of a hearing de novo.
Briere v. C.E.I.C., [1989] 3 F.C. 88 (F.C.A.) A-637-86
Reconsideration of a decision by an Umpire on the basis of new facts is and should remain a rare commodity. Claimants are given a large number of opportunities to challenge the decisions affecting them and Umpires should be careful not to let the reconsideration process be abused by careless or ill-advised claimants.
Canada (A.G.) v. Chan [1994], F.C.J. No. 1916 (F.C.A.) A-185-94
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2009-04-29