The legislation imposes on a claimant the burden of establishing his or her eligibility for benefits in all cases. This must be proven on a balance of probabilities. If, after hearing evidence from both sides, the Board of Referees has a doubt as to the claimant's eligibility, the claimant has not discharged the burden.
Canada (A.G.) v. Falardeau, Feburary 11 1986, F.C.J. No. 92 (F.C.A.) A-396-85
Subsection 49(1) Employment Insurance Act
Where a claimant is operating a business, the onus is on him or her to rebut the presumption that he or she is working a full working week.
Lemay v. Canada, March 16, 1998, F.C.J. No. 595 (F.C.A.) A-662-97
Turcotte v. Canada, March 16, 1998, F.C.J. No. 596 (F.C.A.) A-664-97
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2009-04-28