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Evidence to take to VRAB- BENEFIT OF DOUBT

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Re: Evidence to take to VRAB- BENEFIT OF DOUBT

Post by Guest on Fri 28 Aug 2015, 14:03

Good info there an perhaps could be helpful for some , it's a long read an a good one with reference to the link you provided from the detail federal court docket , Judge Shore was on the ball on that one but if you look at the Judgement ( THE COURT ORDERS that the application for judicial review be allowed with costs and the decision referred back to the Board for for redetermination by a differently constituted panel. )

It looks like the plaintiff will still have to have a review an that decision goes back to a different board panel for redetermination , so most likely Mr. Thériault will get what he wanted an should have got in the first place.

Lot's of work there , stressful work , but the kid is right , this could be of benefit to those who find themselves in the same boat.

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Re: Evidence to take to VRAB- BENEFIT OF DOUBT

Post by OldZipperhead on Fri 28 Aug 2015, 13:17

That was a good read! Well done Koreankid!
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Evidence to take to VRAB- BENEFIT OF DOUBT

Post by koreankid on Thu 27 Aug 2015, 21:00

I found a good Federal Court decision for Donat Theriault and Attorney General of Canada. Please read page 22 for Decision on BENEFIT OF DOUBT. Might be something a vet might want to enter as evidence at VRAB Review or Appeal.
here is the link- http://decisions.fct-cf.gc.ca/fc-cf/decisions/en/item/52940/index.do?r=AAAAAQAmcGV...
OR JUST GOOGLE - DONAT THERIAULT ana ATTORNEY GENERAL of CANADA
If the board rejects without any contradictory evidence, ect, as you already have the precedence being set by a Federal Judge, then keep fighting your review or appeal, but, sue the board members that made the decision in civil court for their actions. You already have all the evidence. That is why you must enter this as evidence at the review/appeal, as you have now legally brought this to their attention and their decision has to reflect this evidence. If they don't then sue them personally for their actions. if people would start suing these individuals in civil court for their own personal actions where they are not protected by the government, they would think twice about what they have been getting away with. I am suing my adjudicator from VAC for her actions in my adjudication. VAC can't protect her. BOOM- on her own dime as well for her lawyer. Imagine if an adjudicator had 5 civil lawsuit against them at the same time. Need I say more....... Would the adjudicator take away the BENEFIT OF DOUBT ON THE NEXT ADJUDICATION. I think not.
The adjudicator can't say my supervisor made me do it because under the labor laws of each province- They had the right to refuse this action.

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Re: Evidence to take to VRAB- BENEFIT OF DOUBT

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