Canada ( Attorney General ) v. Smith
A-330-93
Décary J.A.
9/2/94
3 pp.
Application for judicial review of Umpire's decision allowing respondent's appeal from decision of Board of Referees -- Respondent applied for unemployment insurance benefits -- Benefit period established with weekly rate of benefit of $312 -- Contrary to what respondent declared on each of six report cards filed with Commission, respondent worked and received earnings during weeks to which report card referred -- Applying Unemployment Insurance Act, s. 33(1), Commission imposed penalty of six times $312, i.e. $1,872 -- Appeal to Board of Referees dismissed -- Umpire allowed appeal therefrom, changed amount of penalty to $936 -- Pursuant to Act, s. 33(1), Commission had discretion to impose penalty in any amount not exceeding three times claimant's rate of benefit for any false statement made in relation to "claim for benefit" -- Falsification of report card occurred in six separate instances and therefore, in relation to six separate claims -- Commission having discretion to impose penalty of up to three times respondent's weekly rate of benefit for each of six misleading representations -- Umpire not having jurisdiction to reduce penalty imposed by Commission -- In relation to decisions involving exercise of discretion on part of Commission, Umpire exceeding jurisdiction when substitutes own point of view for that of Commission -- Application allowed -- Unemployment Insurance Act, R.S.C., 1985, c. U-1, s. 33(1) (as am. by S.C. 1990, c. 40, s. 25).