UNEMPLOYMENT INSURANCE |
Bentley v. Canada (Employment Insurance Commission)
T-1227-99
Dubé J.
15/6/00
9 pp.
Motion for preliminary determination of question of law under r. 220--Whether defendant able to collect on plaintiff's outstanding debt to defendant arising from over-payments and penalties described in agreed statement of facts, on or after January 27, 1999--On January 27, 1993, defendant Employment Insurance Commission informed plaintiff of suspension of benefits, penalties in total amount of $18,060 assessed against him, overpayments in amount of $37,598 owed by him--On July 4, 1999 plaintiff filed statement of claim alleging Commission precluded from further collecting sums owing due to six-year limitation period prescribed under Unemployment Insurance Act, s. 35(4)--Former Act governing matter--No amount due as debt under s. 35 may be recovered after 72 months from date on which liability arose (January 27, 1993)--Words of s. 35(4) plain, unambiguous: no debt may be recovered after 72 months--Commission has 72 months to recover debt from day of notification of debt to insured person--All collection proceedings may only be taken within limitation period of 72 months--In answer to question of law, defendant unable to collect on plaintiff's outstanding debt arising from overpayments, penalties under Unemployment Insurance Act on or after January 27, 1999--Question of law answered in negative--Federal Court Rules, 1998, SOR/98-106, r. 220--Unemployment Insurance Act, R.S.C., 1985, c. U-1, s. 35 (as am. by S.C. 1990, c. 40, s. 26).