| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
proof |
|
|
Summary:
The majority decision is erroneous in applying a "without any doubt" test. This is an error of law. It is clear that the correct evidentiary burden is one of "probabilities": is it more probable than not that payments received came out of a pension which was not a private plan.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
errors in law |
burden of proof |
|
Summary:
The majority decision is erroneous in applying a "without any doubt" test. This is an error of law. It is clear that the correct evidentiary burden is one of "probabilities": is it more probable than not that payments received came out of a pension which was not a private plan.
