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Canada ( Attorney General ) v. Chan

A-185-94

Décary J.A.

13/12/94

5 pp.

Application for judicial review of Umpire's decision to allow application for reconsideration on basis of new facts submitted by claimant-Pursuant to Act, s. 86, "new facts" happen either after decision rendered or prior to decision but not discovered by diligent claimant-In either case, "new facts" must be decisive of issue-Reconsideration of Umpire's decision on basis of "new facts" should remain rare commodity as claimants benefit from numerous opportunities to challenge decisions-Facts at bar not "new facts" as existed at time of hearing and at all times within personal knowledge of respondent-Application allowed-Unemployment Insurance Act, R.S.C., 1985, c. U-1, s. 86.

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