Parks v. Canada ( Attorney General )
A-321-97
Strayer J.A.
1/6/98
3 pp.
Judicial review of Umpire's dismissal of Board of Referees' decision applicant losing employment due to own misconduct-Applicant submitting Board erred in law in not stating whether rejected claimant's evidence for lack of credibility and if so, by failing to state reasons for such finding-Unemployment Insurance Act, s. 79(2) requiring decision of board of referees to be recorded in writing and to include statement of findings of board on questions of fact material to decision-Board erred in law in failing to comply adequately with s. 79(2)-Incumbent on Board to state, at least briefly, that rejected critical parts of applicant's evidence on grounds of credibility, and why-Claimant's affidavit evidence, oral statements conflicting in various respects with written material from employer of hearsay nature before Board-Board simply stating conclusions without explaining why preferred one version of events to other-While s. 79(2) not requiring detailed statement of findings of fact, Board of Referees, to comply therewith must, when issue of credibility, state at least briefly, as part of "findings . . . on questions of fact material to the decision" that rejects certain evidence on this basis and why-Failure to do so error in law-Umpire's decision set aside-Unemployment Insurance Act, R.S.C., 1985, c. U-1, s. 79(2).