ENERGY |
Mootoo v. Canada (Minister of Human Resources Development)
A-438-02
2003 FCA 206, Linden J.A.
6/5/03
4 pp.
Judicial review of decision of Board of Referees affirmed by Umpire applicant liable for penalty under Employment Insurance Act, s. 38(1)(a) on basis knowingly made "false or misleading" representations--No dispute about falsity of representations made--In order to be subject to penalty under s. 38(1)(a), not enough for representation to be false, misleading, it must be made by applicant with knowledge false or misleading--That Board of Referees believed claimant had no intent to mislead end of penalty issue-- Requirement claimant have subjective knowledge statements false not met--Board erred in law when stating applicant "had a legal obligation to educate himself as to the intent of the question"--Board using objective standard not subjective one --Error of law subject to review on correctness standard-- Application allowed--Employment Insurance Act, S.C. 1996, c. 23, s. 38 (as am. by S.C. 2001, c. 5, s. 8).