EMPLOYMENT INSURANCE |
Canada (Attorney General) v. Rumbolt
A-387-99
Sexton J.A.
28/11/00
4 pp.
Appeal from Umpire's decision allowing appeal from Board of Referees' dismissal of appeal from Commission's decision imposing penalty equal to 100% of overpayment because respondent falsely reported earnings--Umpire reduced penalty to 25%--Employment Insurance Act, s. 38 giving Commission power to impose penalty when of opinion claimant made representation claimant knew false, misleading--Penalty of 100% well below maximum limit set by s. 38--Grounds of appeal from decision of board of referees set out in s. 115--Commission found no extenuating circumstances--Exercised discretion to impose penalty suitable to circumstances--Commission neither exercising discretionary power in non-judicial manner nor acting in perverse or capricious manner without regard to material before it--Board correctly upholding Commission's decision; no basis for Umpire's interference with Commission's decision--Employment Insurance Act, S.C. 1996, c. 23, ss. 38, 115.