Bradley Air Services Ltd. ( First Air ) v. Chiasson
T-2009-94
Pinard J.
3/3/95
9 pp.
Application for judicial review of adjudicator's decision under Canada Labour Code, s. 242 finding dismissal of respondent by applicant unjust-Adjudicator had to decide whether dismissal of respondent by applicant unjust-Applicable burden of proof in this matter civil burden of proof, that is to say, proof on balance of probabilities-Adjudicator imposed heavier burden on employer than applicable civil burden-Civil burden of proof not involving different standards of proof on balance of probabilities: involving single standard, simple balance of probabilities-Adjudicator, member of specialized tribunal, did more than "scrutinize the evidence with greater care" in case which involved no "allegation of conduct that is morally blameworthy or that could have a criminal or penal aspect"-Applying standard of proof higher than standard required breach of rules of natural justice-Application allowed-Canada Labour Code, R.S.C., 1985, c. L-2, s. 242.