| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| proof |
weight of statements |
|
|
Summary:
The case law is consistent in holding that the initial declarations of claimants are more likely to be true than declarations produced after a notice of disentitlement is received.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| penalties |
knowingly |
|
|
Summary:
It is by an examination of the facts and by the credibility of witnesses that one may determine whether a false or misleading statement has been made knowingly and deliberately.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
rationale |
|
|
Summary:
The claimant made praiseworthy and significant efforts to start up a business but in the circumstances, the effect of these efforts was to remove him from application of the provisions of the Unemployment Insurance Act, whose aim is to provide temporary benefits to individuals who do not have employment and who are actively looking for other work. These benefits must not be used to subsidize an individual who wishes to start a business.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
errors in law |
weight of statements |
|
Summary:
The Board of Referees erred in fact and in law in finding that the claimant was unemployed and available. The Board completely ignored the documentary evidence, which showed that the claimant worked 30 to 40 hours per week to set up a business in which he held 25% of the shares, that he had invested time and money in the business, and that he had not looked for work because he was putting all his efforts into working for himself.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| proof |
errors in law |
burden of proof |
|
Summary:
The Board of Referees erred in fact and in law in finding that the claimant was unemployed and available. The Board completely ignored the documentary evidence, which showed that the claimant worked 30 to 40 hours per week to set up a business in which he held 25% of the shares, that he had invested time and money in the business, and that he had not looked for work because he was putting all his efforts into working for himself.
