Decision A-0220.97
Full Text of Decision A-0220.97
summary
| Issue: |
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| reconsideration of claim |
overpayment |
date of liability |
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Summary:
Umpire stated that the four requirements of subsection 43(1) must be satisfied within the prescribed time frame; they need not be met simultaneously or concurrently. However, the Commission did not comply with the requirements of subsection 43(1) of the Act, since the claimant had not received any notification regarding the amount of the overpayment, which had only been indicated in the Commission's observations to the BOR. Umpire explained that the notification should have been served on the claimant prior to the BOR hearing. Umpire concluded therefore that the Commission's reconsideration had been done in an irregular and illegal way. FCA overturned the decision on the ground that the requirements of section 43 of the Unemployment Insurance Act dealing with notification of overpayments had been met.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| reconsideration of claim |
authority to review |
claimant's request |
reconsideration of claim by Commission |
Decision A-0218.97
Full Text of Decision A-0218.97
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| reconsideration of claim |
overpayment |
date of liability |
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Summary:
Case identical to A-0220.97. See indexed summary.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| reconsideration of claim |
authority to review |
claimant's request |
reconsideration of claim by Commission |
Decision A-0217.97
Full Text of Decision A-0217.97
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| reconsideration of claim |
overpayment |
date of liability |
|
Summary:
Case identical to A-0220.97. See indexed summary.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| reconsideration of claim |
authority to review |
claimant's request |
reconsideration of claim by Commission |
Decision A-0219.97
Full Text of Decision A-0219.97
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| reconsideration of claim |
overpayment |
date of liability |
|
Summary:
Case identical to A-0220.97. See indexed summary.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| reconsideration of claim |
authority to review |
claimant's request |
reconsideration of claim by Commission |
Decision A-0426.96
Full Text of Decision A-0426.96
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| reconsideration of claim |
overpayment |
date of liability |
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Summary:
Since the notification of the amount of overpayment is what is used to determine whether the process in section 43 has been completed, and since the notification of this notice is what is used to determine whether the claims that were reconsidered fall within the 36-month period set out in this section, it is inconceivable that the Commission does not keep a copy.
other summary
| Other Issue(s): |
Sub-Issue 1: |
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Sub-Issue 3: |
| reconsideration of claim |
authority to review |
time limitation |
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Decision A-0425.96
Full Text of Decision A-0425.96
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| reconsideration of claim |
overpayment |
date of liability |
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Summary:
Case identical to Michel Rajotte. See summary indexed under A-0426.96
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| reconsideration of claim |
authority to review |
claimant's request |
reconsideration of claim by Commission |
| reconsideration of claim |
authority to review |
time limitation |
|
Decision A-0607.87
Full Text of Decision A-0607.87
summary
| Issue: |
Sub-Issue 1: |
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| reconsideration of claim |
overpayment |
date of liability |
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Summary:
The decision taken by the Commission creates a debt which becomes executory against the claimant as soon as he is notified of the amount to be repaid. The Commission's right to establish its debt results from s. 35 and 43. The notice was sent too late; 36 months had elapsed.
other summary
| Other Issue(s): |
Sub-Issue 1: |
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| reconsideration of claim |
authority to review |
time limitation |
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| reconsideration of claim |
authority to review |
new facts vs reconsideration |
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Decision 13922
Full Text of Decision 13922
summary
| Issue: |
Sub-Issue 1: |
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| reconsideration of claim |
overpayment |
date of liability |
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Summary:
Refer to: A-0607.87
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| reconsideration of claim |
authority to review |
time limitation |
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| reconsideration of claim |
authority to review |
new facts vs reconsideration |
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Decision A-0637.86
Full Text of Decision A-0637.86
summary
| Issue: |
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| reconsideration of claim |
overpayment |
date of liability |
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Summary:
The obligation to repay the overpayment is created by 35(1). It appears clearly in 35(4) and in 43(3) and (5) that this obligation in fact arises only when the CEIC notifies claimant of the amount to be repaid. It is at this point that the debt becomes liquid and payable.
If claimant's obligation to repay arises at that point, so does the right of the CEIC to recover the debt. The date on which the CEIC notifies claimant of the amount to be repaid determines the starting point of the prescription for recovery of the debt.
Claimant who defrauded the Commission by submitting fictitious claims from 1974 to 1976. Notice of overpayment sent in 1981 to a former address. Subsequent notice issued in 1984. By virtue of ss. 43(1), the CEIC lost its right of action due to delays expired.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
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| reconsideration of claim |
authority to review |
new facts vs reconsideration |
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| claim procedure |
documents sent by mail |
presumption |
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| reconsideration of claim |
overpayment |
time limitation for recovery |
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| board of referees |
rules of construction |
context and titles |
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| reconsideration of claim |
authority to review |
time limitation |
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