| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| misconduct |
proof |
|
|
Summary:
Claimant charged with sexual assault in connection with incidents occurred 10 years ago. Found guilty by the Ontario Court - General Division and dismissed the next day. Claimant never pleaded guilty and has maintained throughout that he is innocent. Claimant disqualified for misconduct and decision maintained by BOR. Held by Umpire that where there is a conviction following a trial but the claimant maintains his innocence, a finding must be made as to whether the claimant conducted himself as alleged. To discharge the burden of proof, more evidence may have to be adduced. Error in law to simply conclude that a conviction constitutes misconduct.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| misconduct |
criminal acts |
|
|
Summary:
Claimant charged with sexual assault in connection with incidents occurred 10 years ago. Found guilty by the Ontario Court - General Division and dismissed the next day. Claimant never pleaded guilty and has maintained throughout that he is innocent. Claimant disqualified for misconduct and decision maintained by BOR. Held by Umpire that where there is a conviction following a trial but the claimant maintains his innocence, a finding must be made as to whether the claimant conducted himself as alleged. To discharge the burden of proof, more evidence may have to be adduced. Error in law to simply conclude that a conviction constitutes misconduct.
