Before a settlement agreement can be used to contradict an earlier finding of misconduct, there must be some evidence in respect of the misconduct which would contradict the position taken by the employer during the investigation by the Commission or at the time of the hearing before the Board.
Canada (A.G.) v. Boulton, [1996] F.C.J. No. 1682 (F.C.A.) A-45-96
Canada (A.G.) v. Courchene, 2007 FCA 183 A-294-06
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2009-04-28