Decision A-0775.96

Case Number Claimant Judge Language Decision date
Decision A-0775.96 Stutz Roger  Federal  French 1997-05-14
Decision Appealed Appellant Corresponding Case
Dismissed Unanimous  No Claimant 


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties  knowingly 

Summary:

Given the weight of all the evidence, the claimant had to know that in stating that he was not working, he was committing a reprehensible act, i.e., was stating something that was not true. The BOR had made sure that the claimant was able to understand very clearly the questions mentioned on the cards, and the Umpire was justified in not intervening. Application for judicial review dismissed by the FCA.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
proof  reimbursing of an overpayment 

Summary:

The Umpire was wrong to draw a negative inference from the repayment made and to take it as a sign that the claimant knew his previous action to have been reprehensible.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties  proof 

Summary:

The Umpire was wrong to draw a negative inference from the repayment made and to take it as a sign that the claimant knew his previous action to have been reprehensible.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties  clear and simple language 

Summary:

Given the weight of all the evidence, the claimant had to know that in stating that he was not working, he was committing a reprehensible act, i.e., was stating something that was not true. The BOR had made sure that the claimant was able to understand very clearly the questions mentioned on the cards, and the Umpire was justified in not intervening. Application for judicial review dismissed by the FCA.


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