Summary of Issue: Legal Costs

Decision 47766 Full Text of Decision 47766

Claimant submitted that he should be entitled to deduct the amount he has paid as union dues from the arbitration award. He argued that without payment of union dues, he would not have been entitled to representation at the arbitration hearing by a union lawyer. Request denied by BOR and upheld by Umpire. Claimant paid his dues because he was required to do so as a member of his union. Union dues not paid for the direct purpose of earning income.

Decision 34664 Full Text of Decision 34664

Umpire found that only portion of the legal fees paid to recover income replacement should be deducted and not the total sum of legal fees paid. The burden would be on the claimant to show what portion of the legal fees was paid to recover sums of a non-income nature.

Decision 26150 Full Text of Decision 26150

Held that, based on the Board's finding of fact, part of the settlement was paid for defamation of character. Thererefore, only a portion of the monies is to be ignored. Earnings assessed at 70% (20 weeks) by Umpire. Legal fees to be deducted in the same proportion of 70%.

Decision 17849A Full Text of Decision 17849A

Although reasonable legal costs are permitted to be deducted from a wrongful dismissal settlement, since they do not constitute earnings, it is only such costs as are proven by the claimant as making up part of the award; not those incurred subsequently.

Decision 17849 Full Text of Decision 17849

The settlement calls for $9500 paid due to expenses incurred in seeking work and relocating. There being no proof of those expenditures, these monies are earnings. The same would be true for example with legal costs. There would be no basis for deducting more than actual cost.

Decision 15536A Full Text of Decision 15536A

Claimant says that $866 should be deducted from the settlement, which represents legal costs incurred by her in her dealings with the Commission and the Board. Nothing in the statute permits me to award the legal costs of the appeal process to claimant.

Decision 14675 Full Text of Decision 14675

It is only the net amount actually received after payment of legal costs which can constitute a payment under reg. 58. It would be the same if the employer went bankrupt and became unable to pay the judgment. In any practical sense, there would be no "payment". [p._6-7]

Decision 14503 Full Text of Decision 14503

There is no provision in the UI legislation regarding legal expenses incurred in presenting an appeal to the Board of Referees, but certainly expenses incurred in obtaining the settlement can be exempted from earnings.

Decision 09842 Full Text of Decision 09842

Claimant says legal costs are continuing and total amount not yet known, by reason of former employer having filed a complaint against her professional standing. Such costs cannot be deducted from the settlement as they do not relate to her wrongful dismissal.

Decision A-0263.78 Full Text of Decision A-0263.78

It seems that part of damages were paid to defray legal costs, the amount of which claimant has always refused to divulge. Unless the Commission believes that no part was so paid, it has the duty to estimate, as fairly as it could, that part and treat only the residue as income.