"The LAC did not properly apply its 'common sense'
in the matter. It did not deal with the purpose and objects of dismissal
legislation nor did it adequately address the poignant issue of jurisdiction.
Instead it dealt with a golden opportunity in a vague, indirect and impractical
manner. It employed it’s own reasoning in certain aspects and did not do so in
other identical aspects, neither did it offer any reasons as to why it did not
do so. In other instances the LAC dismissed the reasoning of the LC and thereafter
applied the same 'floored' reasoning to aspects on appeal which were identical
in nature. In summation, the LAC has simply left the legal sphere with great
uncertainty and a precedent which is unpossessed of practicality or beneficial
effect."
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