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The Federal Court dismissed a judicial review of an EI debt write-off refusal, holding the Commission reasonably found the regulatory conditions precedent were not met.
Permission to appeal was refused because the Applicant failed to raise an arguable case that the General Division erred in finding a common-law relationship and failed to submit any new evidence to the Appeal Division; a file review confirmed no arguable error.
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The Federal Court dismissed judicial review of a refusal to write off an EI sickness-benefits overpayment, holding the statutory write-off provisions did not apply.
The Appeal Division intervened because the General Division made reviewable errors of fact and law; where documentary evidence showed the claimant continued to perform accounting duties (cheque issuance and deposits) there was no seven‑day interruption and those benefit periods were cancelled (Dec 16, 2018; Dec 20, 2019; Dec 26, 2021); where there was no evidence of services in the critical weeks, earnings stopped and the claims stand (Dec 20, 2020; Dec 25, 2022; Dec 20, 2023). The Commission lawfully replaced monetary penalties with warnings and the Tribunal will not interfere with that disc…
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The General Division correctly held that the Commission could rely on s.52(5) of the EI Act because the Commission could reasonably find a false or misleading statement had been made (contradictory claimant reports regarding receipt of wage‑loss indemnity), and the Commission exercised its discretion judicially in reconsidering and allocating the indemnity, so the appeal is dismissed.
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On the balance of probabilities the Tribunal found the appellant's disability ceased being severe in January 2021 because she began regular, sustainable work for her business at that time, income thereafter increased, and her testimony was credible; the Minister did not prove cessation as of end of June 2020, and the appellant is not entitled to CPP disability pension from January 2021 onward, permitting recovery of overpayments after that date.
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Contrôle judiciaire d’un refus de la PCU rejeté : la Cour conclut que la décision de deuxième examen de l’ARC était raisonnable et refuse les dépens.
Applying the balance of probabilities to the totality of ties and actual periods of presence, the Appellant was found to have resided in Canada for eight years and 282 days, which is below the statutory 10-year minimum for OAS/GIS; therefore the Minister's termination of benefits and overpayment assessment was lawful and the appeal is dismissed.
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On the balance of probabilities the appellant and S.G. were cohabiting in a conjugal common-law relationship from June 2010 until July 2019 based on the appellant's repeated admissions (including a statutory declaration), CRA filings, beneficiary and insurance documentation, power of attorney, caregiving and shared household responsibilities; therefore the GIS must be calculated at the common-law rate for June 2010 to October 2019 and the overpayment is recoverable, so the appeal is dismissed.
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The Commission properly reconsidered within the 36‑month limit and, as a matter of law, vacation pay and the employer's RRSP/pension payout are earnings payable by reason of separation; those earnings must be aggregated ($4,943.05) and allocated beginning the week of separation (week of June 16, 2024) using the appellant's normal weekly earnings, resulting in the amended allocation set out in paragraph 46. The overpayment exists and recovery is required, but the allocation is modified and the matter is returned to the Commission to recalculate the exact overpayment based on the amended alloca…
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