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Reasons and decision
Decision
[1] By agreement, the appeal is allowed. The matter is returned to the General Division for reconsideration.
Introduction
[2] Previously, a General Division member determined that the Appellant’s appeal should be dismissed as abandoned. The Appellant appealed that decision to the Appeal Division.
[3] A teleconference hearing was held. The Commission attended and made submissions, as did the Appellant and his counsel.
Analysis
[4] At the hearing before me, it became apparent that counsel for the Appellant was not in possession of a copy of the General Division record. In the interests of justice, I therefore offered an adjournment so that the record could be sent to him.
[5] The Commission, having heard the partial submissions of the Appellant and noting the natural justice aspects of the Appellant’s appeal, suggested that a better way to move forward would be for me to grant a new hearing before the General Division so that the Appellant’s natural justice rights could be fully protected.
[6] After due consideration, the Appellant accepted this proposed resolution to this appeal.
[7] To ensure that there was no misunderstanding, I verified orally that the Commission and the Appellant were truly in agreement that a new General Division hearing should be held.
[8] Because of this agreement, I am prepared to give effect to the shared view of the parties that a new hearing is warranted.
Conclusion
[9] By agreement, the appeal is allowed. The case will be returned to the General Division for reconsideration.