EMPLOYMENT INSURANCE |
Canada (Attorney General) v. Buors
A-294-01
2002 FCA 372, Noël J.A.
8/10/02
3 pp.
Judicial review of Umpire's decision under Employment Insurance Act allowing respondent to retain benefits paid in error by Commission--While enrolled in employment benefits program respondent returned to employment and failed to report income--Commission determined over-payment and applied penalty--Upon appeal Board of Referees maintained decision of Commission respecting overpayment but determined penalty not justified--Respondent brought further appeal to Umpire who determined respondent entitled to retain overpayment because arising by reason of inaccurate information provided by Commission--Application allowed --Although respondent maintained engaged in contract for services, undisclosed earnings employment income-- Respondent in receipt of overpayment--Not open to Umpire to refrain from applying Act and waive payment of amounts properly owing: Pratte J.A. in Granger v. Canada Employment and Immigration Commission, [1986] 3 F.C. 70 (C.A.); confd [1989] 1 S.C.R. 141--Employment Insurance Act, S.C. 1996, c. 23.