Canada ( Attorney General ) v. Stark
A-701-96
Stone J.A.
7/5/97
3 pp.
Application for judicial review of Umpire's decision reducing amount of penalty imposed under Unemployment Insurance Act, s. 33(1)-Respondent participating in fraudulent scheme allowing him to collect benefits in excess of those to which truly entitled-Commission imposed harsh penalty-Board of Referees declined to reduce amount of penalty imposed by Commission on ground lacked jurisdiction to do so-Umpire holding penalty properly imposed but too severe-Application allowed-Board of Referees having authority to vary penalty in exceptional circumstances-Jurisdiction which Board of Referees possesses not exercised, therefore no decision to be reviewed by Umpire-Matter remitted back to Umpire with direction to remit matter to Board of Referees for determination of whether amount of penalty imposed by Commission should be varied or be allowed to stand-Unemployment Insurance Act, R.S.C., 1985, c. U-1, s. 33(1).