Employment Insurance
Judicial review of Umpire’s decision (CUB 70206) allowing appeal from Board of Referees’s decision dismissing appeal from decision by Canada Employment Insurance Commission respondent not entitled to receive employment insurance benefits paid to him while in prison—Under Employment Insurance Act, S.C. 1996, c. 23, s. 37, claimant not entitled to receive benefits for any period during which inmate of prison, similar institution—Board’s reasons not clear whether found as fact third party fraudulently caused Commission to make overpayment and, if so, whether fraud committed with respondent’s knowledge and consent—Umpire erred in making own finding of fact respondent innocent victim of fraud—Should have allowed appeal on ground Board failed to make requisite findings of fact—Application allowed.
Canada (Attorney General) v. Lylander (A-231-08, 2008 FCA 365, Evans J.A., judgment dated November 25, 2008, 5 pp.)