Summary of Issue: Weight Of Statements

Decision 46680 Full Text of Decision 46680

Counsel for the claimant argued that his client should have been granted his constitutional rights under the Charter of Rights and Freedoms by being given the appropriate warning and being offered the services of a lawyer or counsellor. Consequently, his client's statutory declarations should be disregarded. Argument dismissed by the Umpire. Claimant may refuse to answer and thus lay himself open to the effects of the law, but if he speaks or writes, his statements cannot be disregarded for the reasons given by counsel.Counsel for the claimant argued that his client should have been granted his constitutional rights under the Charter of Rights and Freedoms by being given the appropriate warning and being offered the services of a lawyer or counsellor. Consequently, his client's statutory declarations should be disregarded. Argument dismissed by the Umpire. Claimant may refuse to answer and thus lay himself open to the effects of the law, but if he speaks or writes, his statements cannot be disregarded for the reasons given by counsel.

Decision 38483A Full Text of Decision 38483A

Clmt’s early statements recorded by Commission’s investigator contradicted the oral evidence presented before BOR. Umpire stated that earlier statements in proper circumstance may be regarded as more credible than later contradictory statements especially where earlier and later statements are made by the same person and given after clmt became aware of the consequences.

Decision 39925 Full Text of Decision 39925

Faced with contradictory evidence, BOR accepted employer's evidence which was corroborated by another employee. The Umpire ruled that BOR was in the best position to determine credibility and did not accept clmt's evidence.

Decision 39868 Full Text of Decision 39868

In weighting competing claims regarding whether clmt left work voluntarily or was fired, Umpire, in the absence of evidence supporting the employer's version that clmt quit voluntarily, supported BOR's decision by giving the benefit of the doubt to clmt.

Decision 39277 Full Text of Decision 39277

The case law is consistent in holding that the initial declarations of claimants are more likely to be true than declarations produced after a notice of disentitlement is received.

Decision T-1636.96 Full Text of Decision T-1636.96

Claimant instituted a lawsuit for damages and interest concerning benefits that were paid in 1996 instead of 1993. The Minister of National Revenue had determined that the claimant’s employment was not insurable, and that she therefore could not receive benefits because she did not have enough insurable weeks. The Tax Court of Canada reversed the MNR’s decision, finding that the employment was insurable. The claimant thus became entitled to receive benefit. FCA found that the evidence produced by the claimant did not prove that the officials of the Department or of the Commission had committed any error whatsoever in handling her case. For these reasons, the appeal was dismissed.** FCA maintained that the evidence before the Tax Court of Canada could not be accepted as evidence before the FCA. To support this suit for damages, the same evidence would have to be produced again if it were deemed to be useful.

Decision A-0943.96 Full Text of Decision A-0943.96

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.

Decision 38254 Full Text of Decision 38254

One of the functions of a Board when faced with contradictory evidence, such as here the Employer's statements vary with those of the claimant, their role and duty is to determine the credibility of the conflicting evidence, and to determine what weight to put upon it.

Decision A-0557.96 Full Text of Decision A-0557.96

Contradictory evidence in the record. Initial statutory declarations considered most credible. Abundant, consistent case law clearly establishing that a BOR must lend much greater weight to the initial spontaneous declarations made prior to the Commission's decision than to statements made later to justify or improve the claimant's situation in the face of an unfavourable decision from the Commission. Application for judicial review summarily dismissed by the FCA.

Decision 36862 Full Text of Decision 36862

BOR based its conclusion solely on the medical certificates and ignored all other reasons given by claimant seeking early retirement. BOR's decision was made without regard to the totality of the material before it, and hence, must be reversed on the facts. In failling to distinguish between "personal reasons" and "just cause" for voluntary leaving his job is erroneous in law.

Decision A-0621.96 Full Text of Decision A-0621.96

Not a case of failing to report earnings but of reporting amounts which were frequently less than actual earnings, as earnings from another employment not being included. Claimant's appeal to Umpire dismissed on the basis of the questionable validity of her evidence. Commission conceded the case at the FCA level because of the weaknesses in the evidence on file in the case.

Decision 25943A Full Text of Decision 25943A

Refer to: A-0444.95

Decision A-0444.95 Full Text of Decision A-0444.95

Statutory declarations never signed by the claimant. No explanation why the claimant did not wish to sign them. No other substantiating evidence. The FCA found that there was no evidence on which the BOR could reasonably base its decision.

Decision 27943 Full Text of Decision 27943

I am disturbed that the Board accepted a newspaper article as evidence. I believe it is imprudent to qualify the facts on record by means of a newspaper article that is intended to embellish or add to the facts and that is likely to be detrimental to the deliberations. I attach no importance to it.