Dulaba v. Canada ( Board of Referees )
T-2369-95
Joyal J.
8/1/97
5 pp.
Application to prohibit Board of Referees from holding third hearing concerning applicant's eligibility for U.I. benefits-At first hearing Board determining applicant unjustly fired for own misconduct, allowing appeal from denial of claim for benefits-Employer subsequently indicating not notified of hearing-Although Commission's records suggesting notice sent on December 20, 1994, document itself not appearing on file-Board's decision quashed, new hearing scheduled-Second hearing held-Employer again not appearing, appeal allowed-Again employer requesting further rehearing, explaining notice of hearing overlooked when labour relations specialist absent due to illness, no one reviewing mail-Neither employer nor Board of Referees represented at hearing herein, although served with notice of proceedings-U.I. Regulations, s. 66 requiring Board of Referees to provide all interested parties with reasonable opportunity to be heard-Application allowed-S. 66 not requiring interested parties be heard at all costs, but that be given reasonable opportunity-Employer given reasonable opportunity to be heard-That neglected to open mail ought not be permitted to inflict undue distress on applicant-Evidence applicant suffering from personal, emotional problems sufficiently severe as to arguably render her incapable of performing work-In circumstances, such excess of litigation arising from single claim for benefits unreasonable, imposing hardship upon claimant-In light of applicant's vulnerability, employer's gross carelessness in efforts to present evidence, Board's discretion must, to be correct in law and in evidence, be exercised so as not to hold third hearing on merits of appeal-Unemployment Insurance Regulations, C.R.C., c. 1576, s. 66-Unemployment Insurance Act, R.S.C., 1985, c. U-1, ss. 79, 86.