Decision A-0355.96

Case Number Claimant Judge Language Decision date
Decision A-0355.96 Rancourt Lucien  Federal  French 1996-10-30
Decision Appealed Appellant Corresponding Case
Dismissed Unanimous  No Claimant 


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  weight of statements  documentary evidence 

Summary:

Claimant criticized the Umpire for substituting himself for the BOR in assessing the facts. Criticism not warranted according to the FCA. BOR's decision very terse because it was based solely on the claimant's testimony at the hearing and completely ignored other evidence in the record. BOR could not dismiss this evidence without grounds and its failure to give an explanation was an error that entitled the Umpire to settle the dispute in fact and in law.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  errors in law  burden of proof 

Summary:

Claimant criticized the Umpire for substituting himself for the BOR in assessing the facts. Criticism not warranted according to the FCA. BOR decision very terse because it was based solely on the claimant's testimony at the hearing and completely ignored other evidence in the record. BOR could not dismiss this evidence without grounds and its failure to give an explanation was an error that entitled the Umpire to settle the dispute in fact and in law.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  errors in law  statement of facts required 

Summary:

Claimant criticized the Umpire for substituting himself for the BOR in assessing the facts. Criticism not warranted according to the FCA. BOR's decision very terse because it was based solely on the claimant's testimony at the hearing and completely ignored other evidence in the record. BOR could not dismiss this evidence without grounds and its failure to give an explanation was an error that entitled the Umpire to settle the dispute in fact and in law.


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