EMPLOYMENT INSURANCE
Appeal from decision by Federal Court (2004 FC 882) confirming Employment Insurance Commission’s refusal to write‑off overpayment of $7,236 in employment insurance benefits received by appellant—Appellant based request for write‑off on Employment Insurance Regulations, s. 56 and on fact that overpayment leading to litigation not result of own wrongdoing—Commission had to decide whether “repayment of the penalty or amount [payable under s. 43 . . . or 65 of the Act] would result in undue hardship for the debtor”— S. 56(1)(f) confers discretionary power on Commission in two situations: when debt uncollectable or when repayment of debt would result in undue hardship—Commission must first consider whether debt recoverable—Then, if Commission considers debt collectable, will address issue of hardship resulting from repayment—In so far as Commission must take into account all circumstances, circumstances of repayment must be considered, not circumstances of overpayment and of benefit application—Beneficiary received public funds when not entitled to them—Public interest requires repayment of funds, except in cases contemplated by Regulations, s. 56(1)(f), if repayment impossible, or possible but at cost deemed inordinate—As long as debtor able to pay debts, nothing exempting debtor from debts owed to Her Majesty—Appeal dismissed—Employment Insurance Regulations, SOR/96‑332, s. 56 (as am. by SOR/2002‑236, s. 2).
Girard v. Canada (Attorney General) (A‑365‑04, 2005 FCA 65, Pelletier J.A., judgment dated 16/2/05, 5 pp.)