EMPLOYMENT INSURANCE |
Campbell v. Canada (Attorney General)
T-576-01
2002 FCT 811, Tremblay-Lamer J.
24/7/02
7 pp.
Application for judicial review of decision of Canada Employment Insurance Commission denying write-off of overpayment of employment insurance benefits received by applicant--Latter first applied for unemployment insurance benefits in 1984--After investigation, Commission concluded applicant eligible for benefits--In 1998, after another investigation, Commission determined applicant not entitled to benefits because of false, misleading statement in that not unemployed at time he received benefits--Applicant required to repay overpayment of benefits received for last six years, in amount of $11,716--Board of Referees dismissed appeal on issue of overpayment, but found applicant credible, made no false, misleading statements--Therefore dismissed notice of violation, penalty issued--Commission denied write-off request on basis error occurred on application form in that no mention made of applicant's involvement with Cascade Woodworking Ltd.--Applicant submitting criteria set out in Employment Insurance Regulations, s. 56(2) met, Commission could have exercised discretion to write-off overpayment of benefits--Commission alone has discretion to write-off overpayment--However, must act judiciously in exercising discretion--In exercise of discretion, Commission cannot make different finding of fact than Board of Referees--Board of Referees, as quasi-judicial body, in better position than Commission to make findings of fact--Board of Referees' findings owed deference, not those of Commission--Board of Referees found applicant made no false, misleading statements--Commission could not disregard findings of fact made by Board of Referees on that point--By failing to take into account findings of fact of Board of Referees, Commission fettered discretion, did not exercise discretion judicially--Application allowed-- Employment Insurance Regulations, SOR/96-332, s. 56.