EMPLOYMENT INSURANCE |
Moretto v. Canada (Attorney General)
A-686-99
2001 FCA 6, Noël, Evans and Sharlow JJ.A.
5/2/01
3 pp.
Application for judicial review of Umpire's decision upholding Board of Referees' decision applicant liable for penalty of $ 5,535 imposed by Commission on ground had knowingly made false or misleading statements with respect to claim for employment insurance benefits in 1995-- Applicant arguing that since received no remuneration while working in retail business owned by him, did not realize was "employed" for purpose of Act, and accordingly did not knowingly provide false or misleading statement when answered "No" to question on reporting card asking if working--First judicial review application allowed in part, referring matter to Umpire on basis Board of Referees erred in law by not considering properly whether statements by claimant subjectively known to be false--Umpire held Board of Referees had properly considered whether statements made by applicant subjectively known to be false, without prior notice or receiving any submission from either party--Application allowed--Umpire's conclusion not open to him since Court had already ruled Board of Referees had failed to properly consider subjective aspect of applicant's statements--Only option open to Umpire: to give effect to Court's decision by allowing appeal and referring matter back to Board of Referees on basis set out by Court of Appeal or to determine issue for himself on basis Board of Referees had committed error identified by Court of Appeal and dispose of appeal accordingly.