EMPLOYMENT INSURANCE |
Badra v. Canada (Attorney General)
A-420-01
2002 FCA 140, Sharlow J.A.
17/4/02
9 pp.
Judicial review of Umpire's refusal of application for reconsideration--Employment Insurance Commission informing applicant overpayment of benefits, of opinion applicant knowingly made false, misleading statements, presumably on reporting cards for which would be assessed penalty, and number of insurable hours needed to qualify for benefits in future would be increased--Board of Referees dismissing appeal therefrom--Commission not presenting as evidence reporting cards containing statements alleged to be knowingly false, misleading--Umpire allowing appeal, referring matter back to differently constituted Board which again dismissed appeal--Again Commission not adducing reporting cards as evidence--Umpire dismissed appeal-- Applicant applied for reconsideration under Employment Insurance Act, s. 120 permitting rescission of decision if given without knowledge of, or based on mistake as to, some material fact--Umpire dismissed application for reconsideration--Decision not supported by reasons as Umpire not addressing argument decision made without knowledge of, or based on mistake as to, material fact, but not sufficient to set decision aside--Without reporting cards, no evidence as to questions asked, statements made--In order to discharge onus of proving allegation claimant knowingly made false or misleading statement on balance of probabilities, Commission must adduce evidence of both actual questions asked, questions answered: Caverly v. Canada (Minister of Human Resources Development), 2002 FCA 92; [2002] F.C.J. No. 312 (C.A.) (QL)--Some evidence applicant worked during specified period, but not capable of proving what questions asked, answers given--Record establishing Umpire's prior decision based on mistake as to material fact--Application for reconsideration should have been allowed--Application for judicial review allowed-- Employment Insurance Act, S.C. 1996, c. 23, s. 120.