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The Federal Court dismissed judicial review of an SST Appeal Division decision refusing an extension of time and leave to appeal in an EI matter involving a full-time student.
The Tribunal granted an extension of time in the interest of justice but refused leave to appeal because the Applicant did not establish any arguable reviewable error: the additional bank letter was not new evidence under s.66 DESD Act and the General Division did not err in law or fact such that the appeal had a reasonable chance of success.
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The CBSA Traveller's Declaration was accepted as reliable evidence that the Appellant was outside Canada from December 10, 2016 to January 13, 2017; the Appellant failed to prove presence in Canada or availability for work or sustained reasonable/customary job search during that period, and his online reports denying travel were false; he was found to have knowingly misrepresented his out‑of‑Canada status on three reports, so disentitlement, an overpayment of $1,890, a $945 penalty and a serious notice of violation were justified and the Respondent exercised its discretion judicially.
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From the date the claimant signed the lease (March 30, 2010) he was engaged in the operation of a business and, given the significant time spent and financial commitments, he did not rebut the presumption that he worked full working weeks under s.30(1); his repeated false answers on bi-weekly reports demonstrate subjective knowledge that information was false and the Respondent properly exercised its discretion to issue a warning under s.41.1 rather than impose a penalty.
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The Umpire erred in refusing to intervene because the Board of Referees applied facts and evidence from a later benefit period to the period in dispute and failed to analyze evidence material to the contested period; therefore the Umpire's decision was set aside and the matter remitted for rehearing limited to the period Sept 15, 2002 to May 10, 2003.
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