Decision A-0931.96

Case Number Claimant Judge Language Decision date
Decision A-0931.96 Laflamme Jacques  Federal  French 1997-09-18
Decision Appealed Appellant Corresponding Case
Allowed Unanimous  No Commission 


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
reconsideration of claim  overpayment  authority to write off 

Summary:

Umpire declared the creation of the overpayment wrongful because it did not meet the requirements of subsection 43(1) of the Act and wrote off the amount. On the same grounds as those outlined in Girard (A-6-97), the FCA allowed the Commission's application for judicial review, reversed the Umpire's decision and ordered that the BOR decision upholding the Commission's determination be maintained.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
umpires  jurisdiction  question not at issue 

Summary:

Umpire declared the creation of the overpayment wrongful because it did not meet the requirements of subsection 43(1) of the Act and wrote off the amount. On the same grounds as those outlined in Girard (A-6-97), the FCA allowed the Commission's application for judicial review, reversed the Umpire's decision and ordered that the BOR decision upholding the Commission's determination be maintained.


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