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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.

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