Need to Know

Recent CLP Decision: the obligation to give reasons for its decisions and the power to issue a stay of proceedings

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On January 22, 2007, the Commission des lésions professionnelles (the "Board") handed down a decision in Harvey et Brasserie Labatt ltée further to a motion for revocation filed by the employer against a decision rendered by a first commissioner.

This decision deals with the reasons that may be invoked for revoking a decision when the first commissioner fails to give reasons for his decision, as well as the power of the Board to issue a stay of proceedings in connection with a motion for revocation so the employee may continue to receive benefits pending another hearing.

The Harvey case reminds us that when the Board holds that it is null and void, it cannot issue an order to extend it until the case has been re-heard.

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