Decision T2043.13

Case Number Claimant Judge Language Decision date
Decision T2043.13 Turner  Gagné, Jocelyne  English 2014-09-30
Decision Appealed Appellant Corresponding Case
Judicial Review Dismissed  No Claimant  -

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


Coming after an investigation, the Commission concluded that the claimant should not have received benefits because his self-employment was not minor during the relevant period of time. A retroactive disentitlement was imposed on the claimant. The claimant requested that his overpayment be written off Under ss. 56(2) of the EIR. The Commission denied the request on the basis that the claimant was working and did not reports his income. The FCA found that the statements of the claimant regarding his work hours support no conclusion other than the claimant made false or misleading déclarations, whether he knew them to be false or misleading or not. The FCA found that the Commission was unable to exercise its discretion to write-off the amounts claimed by the claimant as the clear intention of Parliament was to place full responsibility on the claimant for any errors or misrepresentations in the application for benefits. Application for judicial review dismissed.

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