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.