Canada ( Attorney General ) v. Pilote
A-868-97
Décary J.A.
15/12/98
2 pp.
Application for judicial review of Umpire's decision holding Canada Employment and Immigration Commission could not invoke extended time of 36 months provided in Unemployment Insurance Act, s. 43(6), as Commission had chosen not to impose penalty under Act, s. 33, when claimant has "made a statement . . . that he knew to be false or misleading"-Umpire erred in finding connection between ss. 33 and 43(6)-Applicable test not same, as s. 33 requires claimant "knew" statement to be false or misleading-Fact Commission decided not to exercise discretion provided in s. 33 in no way prevents Commission from considering false or misleading statement within meaning of s. 43(6) made, and accordingly taking advantage of extended time of 36 months to reconsider claim for benefit-Application allowed-Unemployment Insurance Act, R.S.C., 1985, c. U-1, ss. 33, 43(6).