UNEMPLOYMENT INSURANCE |
Bentley v. Canada (Employment Insurance Commission)
A-546-00
2002 FCA 49, Rothstein J.A.
31/1/02
4 pp.
Appeal from Trial Division decision ((2000), 1 C.C.E.L. (3d) 173) dealing with interpretation of Unemployment Insurance Act, s. 35(4)--Dubé J. finding effect of s. 35(4) to bar recovery by Unemployment Insurance Commission of overpayments, penalties under Act by any means after 72 months from date on which liability arose--Legislation must be interpreted having regard to context, "modern principle of interpretation"--Modern rule of interpretation not permitting Court to read words into legislation--Court must take statute as it finds it--Terms of s. 35(4) unrestricted--Minister's argument internally inconsistent--To construe s. 35(4) to apply to some steps Commission might take, but not to others, not supported by words of s. 35(4)--S. 35(4) precluding recovery, not commencement of steps for recovery--Appeal dismissed--Unemployment Insurance Act, R.S.C., 1985, c. U-1, s. 35 (as am. by S.C. 1990, c. 40, s. 26).