EMPLOYMENT INSURANCE |
Desjardins v. Canada (Attorney General)
T-1074-02
2004 FC 600, Martineau J.
23/4/04
14 pp.
Judicial review of decision of Employment Insurance Commission requiring applicant's current employer to pay Receiver General of Canada 30% of applicant's net income to be debited from salary (garnishment)--Applicant's debt amounting to $20,578.25 (amount claimed)--Whether proceedings for recovery of amount claimed, including garnishment, validly taken by Commission--Garnishment carried out under Employment Insurance Act, s. 126(4), (5)-- Applicant asking Court to declare garnishment for excess over undisputed amount contrary to law, to order repayment of amount collected in excess of undisputed amount--Imposition of penalty of $5,865, demand for repayment of overpayment made to applicant based on Commission's finding applicant knowingly made 17 false, misleading statements-- Commission must have more than mere suspicion of false, misleading statement--On one hand, Commission could not impose penalty of $5,865 on applicant, as two conditions provided in Unemployment Insurance Act (UIA), s. 33(1) (false, misleading nature of statement and mens rea) not fulfilled herein--On other hand, condition under UIA, s. 43(6) (false, misleading nature) not fulfilled either--Consequently, reconsideration of claim for benefit necessarily had to be conducted within usual period of 36 months under UIA, s. 43(1)--But period had expired when, in January 1997, Commission reconsidered claim for benefit for first period-- File on claim therefore out of time, as Board of Referees clearly stated in subsequent decision--Commission had to comply with unanimous decision of Board of Referees no false statement concerning first period--Also, file in relation to claim covering first period out of time--Moreover, according to uncontradicted evidence, applicant has fully paid penalty, repaid overpayment claimed from him by Commission for second period--Accordingly, garnishment could not be maintained, applicant entitled to be repaid amount collected over and above undisputed amount-- Application allowed--Employment Insurance Act, S.C. 1996, c. 23, s. 126 (as am. by S.C. 1998, c. 19, s. 271)-- Unemployment Insurance Act, R.S.C., 1985, c. U-1, s. 33 (as am. by S.C. 1990, c. 40, s. 25), 43.