Canada (Attorney General) v. Hudon

A-34-03

2004 FCA 22, Létourneau J.A.

20/1/04

3 pp.

Employment Insurance Commission (Commission) considered respondent's financial situation and ability to pay when reduced by 10 percent penalty normally imposed-- Judicial review of decision by Umpire that Board of Referees had no authority to substitute opinion for that of Commission --No new fact brought before Umpire warranting Umpire's intervention--Umpire correct to make such finding since no evidence Commission exercised discretion in perverse manner or in way contrary to law--Umpire had no authority to substitute own opinion for Commission's--Umpire erred in attacking Commission's practice--Not appropriate to use principles applicable for assessment of quantum of fines in penal matters--Application allowed.