| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| reconsideration of claim |
overpayment |
authority to write off |
|
Summary:
An application for judicial review cannot succeed unless it overcomes two obstacles: (1) the overpayment does not result from a false or misleading statement or representation; and (2) it must be shown that the Commission wrongly exercised its discretion when it refused to write off the overpayment. There are three standards of review for determining whether such action is justified: a decision that is simply unfounded, an unreasonable decision or a patently unreasonable decision. The standard chosen by the Court is reasonableness. **N.B.: The Commission will continue to apply the standard of patent unreasonableness to future cases. Other appeals will soon be heard by the FCA on this issue.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| reconsideration of claim |
penalties |
misrepresentation |
|
Summary:
A false statement or representation is one that is contrary to the truth; a misleading statement or representation is one that causes error. Furthermore, referring to the decision of the FCA in Lai (A-0525.97), the Court notes that the integrity of the employment insurance statutory scheme rests on the good faith of its beneficiaries.
