Digests

Decision Information

Decision Content

ENERGY

Mootoo v. Canada (Minister of Human Resources Development)

A-438-02

2003 FCA 206, Linden J.A.

6/5/03

4 pp.

Judicial review of decision of Board of Referees affirmed by Umpire applicant liable for penalty under Employment Insurance Act, s. 38(1)(a) on basis knowingly made "false or misleading" representations--No dispute about falsity of representations made--In order to be subject to penalty under s. 38(1)(a), not enough for representation to be false, misleading, it must be made by applicant with knowledge false or misleading--That Board of Referees believed claimant had no intent to mislead end of penalty issue-- Requirement claimant have subjective knowledge statements false not met--Board erred in law when stating applicant "had a legal obligation to educate himself as to the intent of the question"--Board using objective standard not subjective one --Error of law subject to review on correctness standard-- Application allowed--Employment Insurance Act, S.C. 1996, c. 23, s. 38 (as am. by S.C. 2001, c. 5, s. 8).

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.