| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| federal court |
role |
|
|
Summary:
Claimant refused to provide relevant information requested by the investigator. BOR did not consider the explanations made by the claimant’s counsel to be credible; it favoured the statements made voluntarily and spontaneously by all the individuals questioned during the investigation. FCA dismissed the claimant’s request for a judicial review on the grounds that the Court cannot substitute its appreciation of the evidence for that of the Board, which was upheld by the Umpire.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| proof |
weight of statements |
|
|
Summary:
Claimant refused to provide relevant information requested by the investigator. BOR did not consider the explanations made by the claimant’s counsel to be credible; it favoured the statements made voluntarily and spontaneously by all the individuals questioned during the investigation. FCA dismissed the claimant’s request for a judicial review on the grounds that the Court cannot substitute its appreciation of the evidence for that of the Board, which was upheld by the Umpire.
