Decision A-0170.80

Case Number Claimant Judge Language Decision date
Decision A-0170.80 Lloyd M.H.  Federal  English 1980-11-06
Decision Appealed Appellant Corresponding Case
Dismissed Unanimous  No N/A 


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
claim procedure  proof required for entitlement 

Summary:

A portion of the settlement represents damages for breach of contrat, another represents compensation for the loss of the right to future earnings. The latter is earnings as per WALFORD. No evidence to quantify the 2 portions. Proof to be made by claimant under ss.40(1).


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings  awards  as income 

Summary:

A portion of the settlement represents damages for breach of contrat, another represents compensation for the loss of the right to future earnings. The latter is earnings as per WALFORD. No evidence to quantify the 2 portions. Proof to be made by claimant under ss.54(1). The by-law of the Town affords the most cogent evidence presently on the record of the agreement between the Town and claimant as to the nature of the settlement between the parties in respect of the termination of claimant's employment.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
umpires  jurisdiction  request for review  new facts to BOR, Umpire or Commission 

Summary:

Part of the settlement is for damages for breach of contract, another for compensation for loss of right to future earnings. The latter is earnings but no evidence to quantify the 2 portions. Since the Umpire is empowered under s.86 to hear new evidence, case returned for rehearing.


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