Decision A-0639.97

Case Number Claimant Judge Language Decision date
Decision A-0639.97 Bérubé Alain  Federal  French 1998-04-02
Decision Appealed Appellant Corresponding Case
Dismissed Unanimous  No Claimant 


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties  reconsideration of penalty  reduction 

Summary:

Penalty of $5,200.00 imposed at the rate of 200% for making 20 false statements. Possibility of reducing the amount not considered by BOR (position dating from before Morin, A-453-95). Situation recognized by the Umpire who, even in light of the Morin decision, found that a reduction in the penalty was not justified in this case. FCA refused to intervene, ruling that it was satisfied the Umpire had taken into consideration all the aggravating and extenuating circumstances that appear in the file.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties  amount of penalty  second offence 

Summary:

Penalty of $5,200.00 imposed at the rate of 200% for making 20 false statements. Possibility of reducing the amount not considered by BOR (position dating from before Morin, A-453-95). Situation recognized by the Umpire who, even in light of the Morin decision, found that a reduction in the penalty was not justified in this case. FCA refused to intervene, ruling that it was satisfied the Umpire had taken into consideration all the aggravating and extenuating circumstances that appear in the file.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties  amount of penalty  mitigating circumstances 

Summary:

Penalty of $5,200.00 imposed at the rate of 200% for making 20 false statements. Possibility of reducing the amount not considered by BOR (position dating from before Morin, A-453-95). Situation recognized by the Umpire who, even in light of the Morin decision, found that a reduction in the penalty was not justified in this case. FCA refused to intervene, ruling that it was satisfied the Umpire had taken into consideration all the aggravating and extenuating circumstances that appear in the file.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  legislative authority  discretionary powers 

Summary:

Penalty of $5,200.00 imposed at the rate of 200% for making 20 false statements. Possibility of reducing the amount not considered by BOR (position dating from before Morin, A-453-95). Situation recognized by the Umpire who, even in light of the Morin decision, found that a reduction in the penalty was not justified in this case. FCA refused to intervene, ruling that it was satisfied the Umpire had taken into consideration all the aggravating and extenuating circumstances that appear in the file.


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