Brien v. Canada ( Employment and Immigration Commission )
A-425-96 / A-426-96 / A-777-96 / A-778-96 / A-779-96 / A-780-96 / A-781-96 / A-783-96
Décary J.A.
23/4/97
11 pp.
Application for judicial review of common decision of umpire-Argument limited to construction of Act, s. 43: whether decision-making process established by provision tainted if Commission fails to inform claimant, in same document, of its decision overpayment received and of amount of overpayment-No-Case law has held decision-making process under s. 43 includes four stages: reconsideration of claim for benefit, decision there was overpayment, calculation of overpayment and notification to claimant; that four stages should be completed within 36 months stipulated by s. 43(1) and that Crown can recover from claimant only amount of benefits paid within 36 months preceding date on which given notice of amount calculated-However, Crown must make claim no later than 72 months after date of notification-Commission one to suffer if it delays notifying claimant of amount calculated-Therefore Commission fully entitled to proceed as it did: first, notifying claimant it has reconsidered claim and there was overpayment, and second, notifying him of amount-Commission practice not to retain copy of second notice in files-Practice gives rise to substantial evidentiary problems and prevents Commission from filing complete record with board of referees, umpire and Court-Commission invited to remedy administrative deficiencies at earliest opportunity-In instant case, however, computer record indicating notification and applicants not arguing failed to receive notification-Since Commission out of time for reconsideration of claims filed by applicants Brien and Rajotte in files A-425-96 and A-426-96, application for judicial review therefore should be allowed in those files and dismissed in other files-Unemployment Insurance Act, R.S.C., 1985, c. U-1, s. 43.