Summary of Issue: Errors In Law


Decision A0444.08 Full Text of Decision A0444.08

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
proof errors in law burden of proof
Summary:

The FCA concluded that the Board erred in law when it ruled on the claimant's availability in considering the facts and circumstances subsequent to the moment at which she left her job. We gather from the ruling that the circumstances should be analysed from the moment at which the claimant lost her job. The Court also made reference to the case of Attorney General of Canada v. Cornelissen-O'Neil by mentioning that the Umpire was supposed to give a ruling on the Commission's second ground of appeal, which concerned the issue of the claimant's availability. To the Umpire alone, this ground could, with supporting evidence, justify the refusal to grant benefits regardless of what mitigating circumstances there may be.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment just cause other employment Seasonal Employment

Decision A-0136.97 Full Text of Decision A-0136.97

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
proof errors in law burden of proof
Summary:

Case identical to that of Michel Castonguay. See summary indexed under A-0137. 97.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties earnings banking hours
penalties knowingly
penalties proof
earnings proof

Decision A-0137.97 Full Text of Decision A-0137.97

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
proof errors in law burden of proof
Summary:

Claimant participated in an hour banking scheme. When work slowed down, the claimant’s banked hours were paid to him as a salary. Commission allocated to the weeks in question the earnings the claimant had received from the overtime hours banked. BOR overturned this decision, judging that it was based on figures and other considerations of unknown provenance. FCA found that the Umpire had erred in refusing to intervene on the grounds of the credibility of the witnesses where the BOR had wrongly assessed the evidence: far from being erroneous, as the BOR asserted, all the figures (overtime hours and weeks in which the remuneration had been paid) provided by the employer’s accountant and endorsed by the employer were acknowledged by the claimant. It was unreasonable to see this as a question of credibility when the facts introduced in evidence were not challenged, were consistent and were even acknowledged.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings proof
penalties knowingly
penalties proof
penalties earnings banking hours

Decision 39277 Full Text of Decision 39277

summary
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.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
proof weight of statements
penalties knowingly
week of unemployment rationale
board of referees errors in law weight of statements

Decision A-0510.96 Full Text of Decision A-0510.96

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
proof errors in law burden of proof
Summary:

FCA found that the Umpire and Board of Referees erred in deciding that the claimant should have produced a doctor’s certificate to support her claim that she had no alternative but to leave her employment. It is obvious that she was not claiming to have an illness when she said that working in a standing position hurt her feet. She simply found employment in a restaurant too difficult from a physical point of view. Since no one doubted her credibility, a certificate would have added nothing to her testimony.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment working conditions hard work
board of referees errors in law burden of proof

Decision A-0003.96 Full Text of Decision A-0003.96

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
proof errors in law burden of proof
Summary:

Claimant suspended for vandalism. Only evidence in the record: a summary of an officer's telephone conversation with employer's representative. Board of Referees' decision set aside by the Umpire: the Board of Referees did not give sufficient consideration to credibility of the evidence. Error of law according to the FCA. The burden of proof was on the Commission. Evidence contradicted at the hearing and testimonies accepted as trustworthy. Umpire's findings adequately explained. Commission must bear the consequences of any shortcomings in the evidence.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
proof errors in law rules of evidence

Decision A-0471.95 Full Text of Decision A-0471.95

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
proof errors in law burden of proof
Summary:

BOR took employer's version over that of the claimant. This "version" was nothing more than a brief written statement by a representative of the employer, to the effect that the employee had been dismissed for being absent without leave. The employer's opinion that there was misconduct justifying the dismissal was insufficient. On the contrary, an objective assessment was required to determine whether misconduct had really been the cause of the loss of employment. The FCA had to ensure that the applicable principles were observed and that conclusions reached could be drawn from the facts as analyzed. In this case, the decision did not appear to be properly based on the evidence on file.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
misconduct leave of absence denied
misconduct definition

Decision A-0281.95 Full Text of Decision A-0281.95

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
proof errors in law burden of proof
Summary:

Board's right to rely on statutory declarations not sworn was challenged. Held that BOR has a broad discretion in considering, attaching weight, accepting or rejecting evidence adduced before it. Not bound by rules of evidence in the way that a judicialtrier of fact is bound. Not disturbed by FCA.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees right of being represented
board of referees errors in law burden of proof
proof errors in law rules of evidence
board of referees right to be heard language to be used
week of unemployment farming full working week

Decision 25973A Full Text of Decision 25973A

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
proof errors in law burden of proof
Summary:

Refer to: A-0281.95

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees right of being represented
board of referees errors in law burden of proof
proof errors in law rules of evidence
board of referees right to be heard language to be used
week of unemployment farming full working week

Decision 31080 Full Text of Decision 31080

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
proof errors in law burden of proof
Summary:

Misconduct. Hearsay evidence admissible in UI cases. No obligation on the part of employer to appear at hearing. Arbitration boards have the authority to obtain all the facts, but in this case the Board went too far in indicating the type of evidence it wanted: legal error.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees errors in law burden of proof

Decision 31057A Full Text of Decision 31057A

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
proof errors in law burden of proof
Summary:

Refer to: A-0003.96


Decision 28142 Full Text of Decision 28142

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
proof errors in law burden of proof
Summary:

Refer to summary indexed under FCA A-0471.95

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
misconduct leave of absence denied
misconduct definition

Decision A-0235.97 Full Text of Decision A-0235.97

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
proof errors in law rules of evidence
Summary:

Umpire found that BOR had erred in assessing the whole matter, and consequently had erred in law, in finding that the claimant could not rely upon his business as a principal means of livelihood. Umpire thus ruled that the documentary evidence accumulated in the record was convincing, and that the claimant was not unemployed. FCA set aside the Umpire’s decision and referred the matter back to the Umpire to be disposed of, taking it for granted that the errors that the BOR might have committed in assessing the evidence did not justify the Umpire’s intervention.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees errors in law weight of statements
umpires errors in law excess of jurisdiction

Decision 36555A Full Text of Decision 36555A

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
proof errors in law rules of evidence
Summary:

Board of Referees erred in law in agreeing to examine the employer’s evidence without informing the claimant. This is a violation of the principle of natural justice.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees natural justice defined

Decision A-0003.96 Full Text of Decision A-0003.96

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
proof errors in law rules of evidence
Summary:

Claimant suspended for vandalism. Only evidence in the record: a summary of an officer's telephone conversation with employer's representative. Board of Referees' decision set aside by the Umpire: the Board of Referees did not give sufficient consideration to credibility of the evidence. Error of law according to the FCA. The burden of proof was on the Commission. Evidence contradicted at the hearing and testimonies accepted as trustworthy. Umpire's findings adequately explained. Commission must bear the consequences of any shortcomings in the evidence.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
proof errors in law burden of proof

Decision 25973A Full Text of Decision 25973A

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
proof errors in law rules of evidence
Summary:

Refer to: A-0281.95

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees right of being represented
proof errors in law burden of proof
board of referees errors in law burden of proof
board of referees right to be heard language to be used
week of unemployment farming full working week

Decision A-0281.95 Full Text of Decision A-0281.95

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
proof errors in law rules of evidence
Summary:

Board's right to rely on statutory declarations not sworn was challenged. Held that BOR has a broad discretion in considering, attaching weight, accepting or rejecting evidence adduced before it. Not bound by rules of evidence in the way that a judicialtrier of fact is bound. Not disturbed by FCA.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees right of being represented
proof errors in law burden of proof
board of referees errors in law burden of proof
board of referees right to be heard language to be used
week of unemployment farming full working week

Decision A-0237.95 Full Text of Decision A-0237.95

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
proof errors in law rules of evidence
Summary:

The Commission, BOR and Umpires exercise administrative functions. They are not courts of law. The gathering of information is informal. Moreover, Boards and Umpires are not governed by the formalities of rules of evidence adopted by and imposed upon courts of law. Upheld by the FCA.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
misconduct proof
misconduct acts of violence
Date modified: