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EMPLOYMENT INSURANCE

Appeal from decision by Federal Court (2004 FC 882) confirming Employment Insurance Commissions refusal to write‑off overpayment of $7,236 in employment insurance benefits received by appellantAppellant based request for write‑off on Employment Insurance Regulations, s. 56 and on fact that overpayment leading to litigation not result of own wrongdoingCommission had to decide whether repayment of the penalty or amount [payable under s. 43 . . . or 65 of the Act] would result in undue hardship for the debtor”— S. 56(1)(f) confers discretionary power on Commission in two situations: when debt uncollectable or when repayment of debt would result in undue hardshipCommission must first consider whether debt recoverableThen, if Commission considers debt collectable, will address issue of hardship resulting from repaymentIn so far as Commission must take into account all circumstances, circumstances of repayment must be considered, not circumstances of overpayment and of benefit applicationBeneficiary received public funds when not entitled to themPublic interest requires repayment of funds, except in cases contemplated by Regulations, s. 56(1)(f), if repayment impossible, or possible but at cost deemed inordinateAs long as debtor able to pay debts, nothing exempting debtor from debts owed to Her MajestyAppeal dismissedEmployment Insurance Regulations, SOR/96‑332, s. 56 (as am. by SOR/2002‑236, s. 2).

Girard v. Canada (Attorney General) (A‑365‑04, 2005  FCA  65,  Pelletier J.A., judgment dated 16/2/05, 5 pp.)

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