EMPLOYMENT INSURANCE |
Caverly v. Canada (Minister of Human Resources Development)
A-211-01
2002 FCA 92, Rothstein J.A.
28/2/02
5 pp.
Application for judicial review of Umpire's decision under Employment Insurance Act, upholding penalty imposed against applicant by Board of Referees on ground knowingly failed to disclose all earnings for reporting period in question--Whether Commission satisfied onus of proving applicant knowingly made false, misleading statement--First penalty case in which Court faced with issue arising from use of Teledec method of reporting by employment insurance claimant--Questions asked on Teledec system "similar", but not necessarily same, as those on reporting card--Commission had onus of proving allegation claimant knowingly made false, misleading statement on balance of probabilities--In order to discharge onus, Commission must adduce evidence of both actual questions asked, answers given--Issue one of fairness--As matter of fairness, claimant must be told allegedly simple question answered wrongly to give him reasonable opportunity of providing explanation--Umpire committed reviewable error as should have concluded Board of Referees based decision on material finding of fact without necessary evidential underpinning--No evidence of actual question(s) about work, wages asked in Teledec system at relevant time--Application allowed--Employment Insurance Act, S.C. 1996, c. 23.