Decision A-0140.01

Case Number Claimant Judge Language Decision date
Decision A-0140.01 Langelier Luc  Federal  English 2002-04-26
Decision Appealed Appellant Corresponding Case
Judicial Review Dismissed  No Commission  50485 


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
reconsideration of claim  authority to review  time limitation 

Summary:

The Umpire erred in imposing on the Commission the burden of proving that the claimant had knowingly made false statements. The only requirement is to deem that a false or misleading statement has been made. Reference made to the decision of the FCA in Pilotte (A-868-97). However, the Commission did not discharge its burden of proving that there was a false declaration. The provision that allows reconsideration is part of a scheme of exception and goes beyond the common law. It must therefore be interpreted restrictively.


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