Moretto v. Canada ( Attorney General )
A-667-96
Linden J.A.
24/3/98
2 pp.
Application to set aside decision made by Umpire, Board of referees-Umpire, Board did not err in holding applicant was "working a full working week" under Unemployment Insurance Regulations, s. 43-Erred in law in determination of appropriateness of penalty for knowingly making false statement contrary to Unemployment Insurance Act, s. 33-That legally false statement made not necessarily meaning it was made knowing it was false-There must be subjective knowledge of falsity-Board, Umpire assumed making legally false statement led inevitably to finding subjectively known to be so-Wrong in law in not properly considering question of whether claimant subjectively knew statements made false-Application allowed in part-Unemployment Insurance Regulations, C.R.C., c. 1576, s. 43-Unemployment Insurance Act, R.S.C., 1985, c. U-1, s. 33 (as repealed by S.C. 1996, c. 23, s. 155).