Decision Date: May 16, 2003

Panel: Lorraine Shore

Keywords: interim decision; substituting appellant; third parties; withdrawn appeal

Carmen Nyuli, appealed the decision of the Regional Manager that affected Mr. Nyuli’s ability to obtain or hold a guide outfitter licence or assistant guide licence, and his ability to use or transfer his guide outfitter certificate.

The Third Parties, Thomas Fox and Fox Lake Outfitters Ltd., requested that if Mr. Nyuli “vacated” his position then the Third Parties should “move to Mr. Nyuli’s position.”  In essence, the Third Parties wished to “step into the shoes” of Mr. Nyuli and continue with the appeal if Mr. Nyuli withdrew.  The Board heard this issue during a teleconference held May 15, 2003.

Following the Board’s written interim decision of a different motion submitted by Mr. Nyuli (see Appeal No. 2002-WIL-011(a), dated May 16, 2003), Mr. Nyuli withdrew his appeal.  This necessitated a decision on the Third Parties’ application, and the Board chose to make an interim decision with a full decision and detailed reasons to follow thereafter.

In its interim decision, the Board found that it had no jurisdiction to grant the Third Parties’ motion to move into Mr. Nyuli’s position.  The Board further found that the withdrawal of Mr. Nyuli’s appeal effectively ended the proceeding.  Thus, the hearing was cancelled and the file closed.