JA v Canada Employment Insurance Commission

JA v Canada Employment Insurance Commission

On the balance of probabilities the claimant owned 50% of multiple corporations and was substantially engaged in operating those businesses during the benefit period; his self-employment was not minor in extent, he failed to rebut the presumption he was working full workweeks, and he knowingly misrepresented his status on 27 biweekly reports; therefore he was disentitled to EI for the period, liable to repay benefits, and the imposed monetary penalty and warning letter were properly applied and within time limits; the Tribunal lacks authority to write off or reduce the debt or penalty.

Citation
2021 SST 387
Parties
Appellant (claimant): J. A.; Respondent (commission): Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
20 March 2021
Procedural Posture
Employment Insurance Appeal / Social Security Tribunal General Division Decision
Outcome
Appeal dismissed
Legal Topics
Entitlement to Benefits, Self Employment, Minor in Extent, Overpayment, Penalty for Misrepresentation, Reconsideration, Presumption of Full Workweeks
Source Language
English
Employment Insurance Social Security Administrative Law Entitlement to Benefits Self Employment Minor in Extent Overpayment Penalty for Misrepresentation +2 more

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Parties

J. A.

Appellant (claimant)

Canada Employment Insurance Commission

Respondent (commission)

Procedural Posture

Employment Insurance Appeal / Social Security Tribunal General Division Decision

Legal Issues

  1. 1 Did the Commission conduct the post audit review within time limits?
  2. 2 Was the claimant self-employed or engaged in business during the benefit period?
  3. 3 Was the self-employment minor in extent?

Ratio Decidendi

On the balance of probabilities the claimant owned 50% of multiple corporations and was substantially engaged in operating those businesses during the benefit period; his self-employment was not minor in extent, he failed to rebut the presumption he was working full workweeks, and he knowingly misrepresented his status on 27 biweekly reports; therefore he was disentitled to EI for the period, liable to repay benefits, and the imposed monetary penalty and warning letter were properly applied and within time limits; the Tribunal lacks authority to write off or reduce the debt or penalty.

Court Disposition

Appeal dismissed

Orders

  • Claimant liable to repay $25,132.00 in EI benefits received from March 27, 2016 to March 25, 2017
  • Monetary penalty of $269.00 upheld