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Skeritt v MCI 2010 FC 366 Breach of natural justice reopen

August 28, 2010 by lorne

Jurisprudence Brief: 
The Court set aside a refusal to reopen: 15 I have considerablsympathy for the predicament facing the IAD here. It received a nearly il-legible hand-written note from Mr. Skerritt alleging a failure to receive notice. To its credit, the IAD characterized the note as an application to reopen the appeal and it seriously considered whether it ought to do so. However, the downe side of the IAD's generosity from Mr. Skerritt's point of view is that he never had a chance to put better evidence (e.g., an affidavit) or fuller submissions to the IAD before it dealt with the question whether it should reopen the appeal.
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