Decision A-0171.98

Case Number Claimant Judge Language Decision date
Decision A-0171.98 Demers Robert  Federal  French 1998-12-01
Decision Appealed Appellant Corresponding Case
Allowed Unanimous  No Claimant 


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

Summary:

FCA found that a penalty could be imposed under section 33(1) of the Act only if the claimant had "knowingly" made a false or misleading statement. This meant that a penalty could not be imposed on a claimant who had made a false statement unless it was deemed that the claimant had acted in bad faith, i.e. dishonestly, in that case.


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

Summary:

FCA found that a penalty could be imposed under section 33(1) of the Act only if the claimant had "knowingly" made a false or misleading statement. This meant that a penalty could not be imposed on a claimant who had made a false statement unless it was deemed that the claimant had acted in bad faith, i.e. dishonestly, in that case.


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

Summary:

FCA found that a penalty could be imposed under section 33(1) of the Act only if the claimant had "knowingly" made a false or misleading statement. This meant that a penalty could not be imposed on a claimant who had made a false statement unless it was deemed that the claimant had acted in bad faith, i.e. dishonestly, in that case.


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

Summary:

FCA found that a penalty could be imposed under section 33(1) of the Act only if the claimant had "knowingly" made a false or misleading statement. This meant that a penalty could not be imposed on a claimant who had made a false statement unless it was deemed that the claimant had acted in bad faith, i.e. dishonestly, in that case.


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