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    II. Principles of Law

    (g) Evidence Before the Umpire

    An Umpire may review a finding of the Board of Referees where he or she is satisfied that there is no evidence to support the Board's finding, or where the Board clearly ignored important evidence or seriously misconstrued the evidence before it.

    Marchand v. C.E.I.C., December 6, 1988 (F.C.A.) A-148-88 Judgment of the federal court of appeal

    The formal rules of evidence developed for the smooth functioning of Courts should not be strictly applied to hearings before the Umpire. The principles of natural justice and the legislation itself suggests that submissions by claimants should be accepted very liberally at all levels of the appeal and review process.

    Dubois v. Canada (Employment Insurance Commission), May 29, 1998, F.C.J. No. 369 (F.C.A.) A-728-97 Judgment of the federal court of appeal
    Canada (A.G.) v. Courchene, 2007 FCA 183 A-294-06 Judgment Of The Federal Court Of Appeal

    However, a fundamental prerequisite for an Umpire accepting new evidence is that the evidence be material in that it is likely to have a major, if not decisive, influence on the result of the case.

    Dubois v. Canada (Employment Insurance Commission), May 29, 1998, F.C.J. No. 369 (F.C.A.) A-728-97 Judgment of the federal court of appeal

    Generally, once parties close the evidentiary portion of their cases, they proceed to argument and the case is decided on the basis of the evidence submitted. If evidence was deliberately or even accidentally withheld and it is later found that the evidence would be helpful to the party, it will generally be too late to admit it. The opposing party may have determined the strategy on the basis of evidence that was not adduced, or may even have made prejudicial admissions on this basis.

    Francella v. Canada (A.G.), [2003], F.C.J. No. 1747 (F.C.A.) ) A-455-02 Judgment Of The Federal Court Of Appeal

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    2009-04-29