Umpire did, in essence, apply standard of reasonableness to review of board’s decision

Federal appeal | Employment Insurance

Decisions of umpire

Umpire did, in essence, apply standard of reasonableness to review of board’s decision 

Applicant applied for benefits under Employment Insurance Act (Can.), on basis that he had been employed by L, but had lost employment because of shortage of work. Applicant filed record of employment (ROE) prepared by owner of L. Employment Insurance Commission granted application and applicant received 27 weeks of benefits. Commission then determined that ROE was fraudulently issued by owner to applicant and that he was never employed by L. Commission cancelled applicant’s claim for benefits and ordered him to repay $9,126 plus penalty of $3,698. Applicant appealed. Board of referees upheld determinations of commission and dismissed appeal. Applicant appealed to umpire. Umpire dismissed appeal. Applicant applied for judicial review of umpire’s decision. Application dismissed. Umpire did not specifically enunciate standard upon which he reviewed board’s decision that applicant worked for L, but in essence, umpire reviewed factual question on standard of reasonableness. Evidence before board and umpire was clearly sufficient to support factual finding that applicant was not employed by and did not work for L at times stipulated in ROE that he submitted in support of claim for benefits. That critical factual finding could not be said to have been erroneous finding of fact made by board in perverse or capricious manner or without regard for material before it. Critical finding of fact was reasonable.
Pathmanathan v. Office of the Umpire (Feb. 18, 2015, F.C.A., C. Michael Ryer J.A., Webb J.A., and Near J.A., File No. A-44-14) 250 A.C.W.S. (3d) 263.

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