Decision A-0984.96
Full Text of Decision A-0984.96
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| proof |
reimbursing of an overpayment |
|
|
Summary:
Umpire found that action for the recover of amounts incorrectly paid, which must be taken according to the strict standards for exceptions stipulated in s. 35 and s. 43 of the Act, was not taken, given the failure to prove that the claimant received the essential notification of the amount of overpayment that she was to repay. FCA cancelled this decision and upheld the principles set out in Brien and Rajotte (A-0425.96, A-0426.96). The case was therefore sent back to another Umpire for a decision, taking for granted that Commission’s decision was consistent with the requirements of s. 43 of the Act.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| reconsideration of claim |
overpayment |
authority to recover |
|
Decision A-0775.96
Full Text of Decision A-0775.96
summary
| 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.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| penalties |
knowingly |
|
|
| penalties |
proof |
|
|
| penalties |
clear and simple language |
|
|
