Canada (Attorney General) v. McLean

A-549-99

2001 FCA 5, Richard C.J.

6/2/01

4 pp.

Application to set aside Umpire's decision--Following investigation of respondent's claim for benefits, Commission found discrepancy between earnings declared, received by respondent during benefit period--Commission concluding claimant falsely reported earnings, imposing penalty--Penalty originally assessed at $3,345, reduced to $2,821 due to fact claimant had not received mail, not aware of previous penalty--Commission prepared to reduce penalty 50% again from $2,821 to $1,410.50--Umpire further reduced penalty to $750, part of order applicant sought to set aside--Commission having duty to consider particular circumstances of claimant where extenuating circumstances come to its attention--Any penalty imposed must reflect circumstances, which may be done by percentage adjustment--Commission considered particular circumstances of applicant--Not unreasonable exercise by Commission of discretionary power to impose penalty--Umpire having no grounds to substitute lesser penalty--Application allowed.