Appeal to Umpire

A Board's decision may be appealed on three grounds:

1. the Board failed to observe a principle of natural justice or otherwise acted beyond or refused to exercise its jurisdiction;
2. the Board erred in law in making its decision; or
3. the Board based its decision on an erroneous finding of fact which it made in a perverse or capricious manner or without regard for the material before it.

1. The Legislation

   
   
   • (a) Generally Generally
   • (b) Powers of Umpire Powers of Umpire
   • (c) Time for Appeal Time for Appeal
   • (d) Appeal Procedure Appeal Procedure
   • (e) Review of Umpire's Decision Review of Umpire's Decision
     
     

2. Principles of Law

   
   
   • (a) Nature of Proceedings Before the Umpire Nature of Proceedings Before the Umpire
   • (b) Grounds of Appeal Generally Grounds of Appeal Generally
   • (c) Failure to Observe Principles of Natural Justice Failure to Observe Principles of Natural Justice
   • (d) Error of Law Error of Law
   • (e) Erroneous Finding of Fact Erroneous Finding of Fact
   • (f) Powers of Umpire Powers of Umpire
   • (g) Evidence Before the Umpire Evidence Before the Umpire
   • (h) Remedies Remedies
   • (i) Commission Error Commission Error
   • (j) Jurisdiction of Umpire to Hear and Determine Charter Issues Jurisdiction of Umpire to Hear and Determine Charter Issues
   • (k) Review of Umpire's Decision Review of Umpire's Decision
   • (l) Payment of Benefit Pending Appeal Payment of Benefit Pending Appeal
     
     

3. Related Topics

   
   
   • Appeal to Board of Referees
   • Amendment of Decision (New Facts)
   • Canadian Charter of Rights and Freedoms