Decision 37863

Case Number Claimant Judge Language Decision date
Decision 37863   Walsh  English 1997-06-06
Decision Appealed Appellant Corresponding Case
Dismissed  No Claimant  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
umpires  grounds of appeal  not a trial de novo 

Summary:

A hearing before an Umpire is not a hearing de novo but an appeal and not an occasion for an Umpire to substitute his views for those of the Board on issues of facts. It doesn't matter that the Umpire agrees or not, as long as the BOR had some evidence before it which would justify its decision if it believed same.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  jurisdiction  reason for existence of boards 

Summary:

A Board hearing is required to be summary in nature, and the conduct of it must not be confused with hearings in civil or criminal tribunals, Employment Standards Act or the Human Rights Commission. Evidence is not given under oath and while witnesses may be heard there is little opportunity for examination or cross-exmination.


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