Federal Court

Employment Insurance

Irrelevant referees found applicant did not knowinglygive inaccurate information

Applicant was employed by British Columbia labour contracting firm until 1997 lay-off. Following applicant’s lay-off, firm was investigated by Employment Insurance Commission and Canada Revenue Agency. Investigation led to recalculation of claims and imposition of penalties. Seventy-six labourers, including applicant, appealed EIC’s insurability ruling to Tax Court. Applicant appealed penalties imposed by commission to Board of Referees. Referees allowed applicant’s appeal against penalty imposed for making false or misleading statements. Relying on referee’s favourable decision, applicant requested commission write-off benefits overpayment resulting from firm’s errors. Commission refused request, on basis applicant was responsible for error stated in benefits application. Applicant requested judicial review. Application dismissed. Section 56 of Employment Insurance Regulations (Can.), applied. No dispute applicant’s application for benefits contained error with respect to duration of employment. Parliament’s clear intention to place full responsibility for error or misrepresentation on benefits application on applicant. Irrelevant that referees found applicant did not knowingly give inaccurate information. Applicant’s failure to correct employer’s error on record of employment gave rise to overpayment of benefits. Had applicant submitted correct information, investigation would have revealed employer’s error and overpayment would not have occurred.

Mangat v. Canada (Attorney General) (Dec. 3, 2012, F.C., Douglas R. Campbell J., File No. T-1026-10, T-1027-10, T-1028-10, T-1030-10, T-1031-10) 225 A.C.W.S. (3d) 717.

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