| Citation: |
Braga v. Canada (Attorney General), 2009 FCA 167, [2009] 3 F.C.R. D-19 |
A-522-08, A-523-08, A-526-08, A-527-08, A-528-08 |
Employment Insurance
Judicial review of umpire’s decisions relating to Canada Employment Insurance Commission’s claims for recovery of overpayments of benefits paid, pursuant to Employment Insurance Act, S.C. 1996, c. 23, to applicants after terminated—Applicants receiving severance payments but receiver failing to make deductions required by Act, s. 46(1)—Commission deciding severance pay earnings must be allocated, sending each applicant notice of debt requesting payment of amount overpaid—Umpire allowing appeals from Board of Referees’ dismissal of appeals on basis Board not dealing with allocation of earnings issue—Umpire erring in law, misconstruing issue since notices of debt constituting issue appealed—Board, Umpire correctly declining to place onus of proof of overpayments on Commission—Notices of debt constituting Commission’s decisions falling within Act, s. 52(2) granting ability thereto to reconsider grant of benefits—Common law relating to enforcement of contractual debts not relevant to collection of overpayments of benefits—Appellant of notice of debt bearing onus of demonstrating inaccuracy of amount specified therein—Applicants not specifically contesting amounts stipulated in notices of debt—Applications allowed.
Braga v. Canada (Attorney General) (A-522-08, A-523-08, A-526-08, A-527-08, A-528-08, 2009 FCA 167, Ryer J.A., judgment dated May 26, 2009, 21 pp.)