UNEMPLOYMENT INSURANCE |
Canada (Attorney General) v. Dussault
A-646-02
2003 FCA 372, Létourneau J.A.
8/10/03
13 pp.
Judicial review of Umpire's decision that Canada Employment Insurance Commission could not rely on 72-month period in Unemployment Insurance Act, s. 43(6) to reconsider respondent's claim for benefit--Respondent then working as insurance salesman--Commission learned that respondent had reported self-employed income on tax return for 1996 year--Found that respondent had not reported certain amounts received from renewals of various insurance policies while receiving benefits--Notice of overpayment sent to respondent--Following reconsideration, Commission found respondent had made false or misleading representations by not reporting earnings from insurance policy renewals-- Umpire overlooked judgments of this Court when decided that Commission, to avail itself of benefit of s. 43(6), had to establish that false or misleading representation had been made knowingly or subject to penalty--Mere existence of false or misleading statement suffices, to degree that Commission reasonably satisfied of this fact, to trigger application of s. 43(6) without need to find intention in person making statement--Intention inferred objectively from facts--In case at bar, no doubt that respondent did not report, for period during which he was receiving benefits, income from work on his own account--When appealed Commission's decision to Board of Referees, respondent knew that Commission alleged he had made false or misleading statements and sought reconsideration of benefits beyond 36-month period in s. 43(1)--Respondent's argument that issue of falsity of statement not before Board of Referees and that Board did not rule on it without foundation--Umpire did not err in interpretation and application of Unemployment Insurance Regulations, ss. 57(2)(a), 58(6)--Sufficient evidence before Board of Referees for it to uphold, in circumstances, allocation that Commission made of sums received by respondent--Umpire was right not to intervene on this point--Board of Referees' decision, drafted in technical language, fulfilled requirements of Act, s. 79(2)--Umpire right to conclude no breach of rules of natural justice-- Application allowed--Unemployment Insurance Act, R.S.C. 1985, c. U-1, ss. 43, 79--Unemployment Insurance Regulations, C.R.C., c. 1576, ss. 57, 58.