Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
claim procedure |
proof required for entitlement |
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Summary:
Obviously, the Board erred in law in its assessment of the burden of proof. While subsection 40(1) places on the claimant the burden of proving his entitlement in every case, this proof must be established on the balance of probabilities and not "beyond all doubt".
Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
board of referees |
errors in law |
burden of proof |
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Summary:
Obviously, the Board erred in law in its assessment of the burden of proof. While subsection 40(1) places on the claimant the burden of proving his entitlement in every case, this proof must be established on the balance of probabilities and not "beyond all doubt".