Previous page --------------------------------------------------------------------------------------------------------CUB 28929A

IN THE MATTER of the Unemployment Insurance Act

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IN THE MATTER of a claim for benefits by Robert Chisholm

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IN THE MATTER of an appeal to an Umpire by a claimant from a decision by the Board of Referees given at Ottawa,Ontario, on February 23, 1995.

This is an application pursuant to section 86 of the Unemployment Insurance Act to amend CUB 28929, dated August 29, 1995, wherein the claimant's file was returned to the Commission, on consent, for an appropriate determination.

-------Section 86 reads as follows:

86. The Commission, a board of referees or the umpire may in respect of any decision given in any particular claim for benefit rescind or amend the decision on the presentation of new facts or on being satisfied that the decision was given without knowledge of, or was based on a mistake as to,some material fact.

In CUB 19346, the Umpire ruled that "new facts" must relate to the matter in issue.

In the present instance, the issue before the Board of Referees was the amount of weeks worked by the claimant. The information presented by the claimant in support of this application concerns his suitability for, and desire to participate in, a program called "ON-SITE". This information does not fit the definition of "new facts" as contemplated by section 86.

This application is dismissed for the reasons outlined above.

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