Canada ( Attorney General ) v. Filiatrault
A-874-97
Décary J.A.
18/9/98
9 pp.
Application for judicial review of decision of Umpire dismissing appeal from Employment and Immigration Commission, latter having made decision on determination and allocation of earnings received by respondent in respect of severance pay and pension-Commission's decision resulting in overpayment of $14,747-Commission admitting error but refusing to write off overpayment in question-Board of referees rescinding Commission's decision not to write off amount of overpayment-Commission appealing to Umpire with regard to both decisions of board of referees, but decision on writing-off only issue in dispute before Court-Umpire dismissing Commission's appeal-Issue of writingoff before board of referees-Umpire deciding that Cornish-Hardy v. Board of Referees (Unemployment Insurance Act, 1971), [1979] 2 F.C. 437 (C.A.), affirmed by Supreme Court of Canada, had had its day and did not stand up to recent developments in F.C.A. decisions with regard to respective jurisdictions of Commission and board of referees-Umpire erred with respect to extent of changes in case law-What was said in Cornish-Hardy still true today-According to Unemployment Insurance Regulations, s. 60, writing-off refers to "debtor"-Unemployment Insurance Act, s. 79, confers right of appeal on "claimant"-Writing-off only comes into play when all issues with respect to establishment and payment of unemployment insurance benefits settled-Person requesting debt forgiveness does so not as claimant, but as debtor-Question now whether or not government, represented by Commission, will forgive amount owed-Function of board of referees completed by time issue of writing-off comes up-Board of referees, therefore, did not have jurisdiction to decide whether Commission justified in refusing write-off, and Umpire erred by not overturning decision of board of referees in latter respect-Debtor should have proceeded by applying for judicial review to Federal Court Trial Division, not by appealing to board of referees-Application allowed-Unemployment Insurance Act, R.S.C., 1985, c. U-I, s. 79-Unemployment Insurance Regulations, C.R.C., c. 1576, s. 60 (as am. by SOR/90-208, s. 1).