Date: 19990211
Docket: A-9-98
CORAM: LINDEN J.A.
LÉTOURNEAU J.A.
SEXTON J.A.
BETWEEN:
THE ATTORNEY GENERAL OF CANADA
Applicant
- and -
FELICIA IDEMUDIA
Respondent
Heard at Toronto, Ontario, Thursday, February 11, 1999
Judgment delivered from the Bench
at Toronto, Ontario on Thursday, February 11, 1999
REASONS FOR JUDGMENT OF THE COURT BY: LÉTOURNEAU J.A.
Date: 19990211
Docket: A-9-98
CORAM: LINDEN J.A.
LÉTOURNEAU J.A.
SEXTON J.A.
BETWEEN:
THE ATTORNEY GENERAL OF CANADA
Applicant
- and -
FELICIA IDEMUDIA
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Toronto, Ontario on
Thursday, February 11, 1999)
LÉTOURNEAU J.A.
[1] This application for judicial review will be allowed. The Umpire, who appears to have been moved by the sad plight of the Respondent, had no reason to intervene with the Board of Referees' decision relating to the penalties imposed upon her by the Commission for her 21 false or misleading statements. He also exceeded his jurisdiction when he referred the matter back to the Board of Referees with instruction to reconsider the penalties with a view to writing them off if they are uncollectible or would result in an undue hardship to the Respondent. These are the very terms of s. 60(1)(b) of the Unemployment Insurance Regulations1 and neither the Umpire nor the Board of Referees have the authority to write-off or waive a penalty2. Only the Commission possesses such power, the exercise of which is subject to judicial review in the Trial Division of this Court. It is open to the Respondent in these circumstances to apply directly to the Commission for relief.
[2] The Umpire's decision will be set aside and the matter will be referred back to the Chief Umpire or to an Umpire designated by him for redetermination on the basis that the Respondent's appeal be dismissed.
"Gilles Létourneau"
| J.A. |
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
DOCKET: A-9-98
| STYLE OF CAUSE: THE ATTORNEY GENERAL OF CANADA |
| Applicant |
| - and - |
| FELICIA IDEMUDIA |
| Respondent |
DATE OF HEARING: THURSDAY, FEBRUARY 11, 1999
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR JUDGMENT BY: LÉTOURNEAU J.A.
Delivered at Toronto, Ontario
on Thursday, February 11, 1999
| APPEARANCES: Ms. Helen Park |
| For the Applicant |
| Ms. Felicia Idemudia |
For the Respondent
| SOLICITORS OF RECORD: Morris Rosenberg |
Deputy Attorney General of Canada
For the Applicant
Felicia Idemudia
| 294 Bay Mills Boulevard |
| Scarborough, Ontario |
| M1T 2G7 |
For the Respondent
| FEDERAL COURT OF APPEAL |
| Date: 19990211 |
| Docket: A-9-98 |
| BETWEEN: |
| THE ATTORNEY GENERAL OF CANADA |
| Applicant |
| - and - |
| FELICIA IDEMUDIA |
| Respondent |
| REASONS FOR JUDGMENT |
| OF THE COURT |
1 60(1) A penalty owing under section 33 of the Act or an amount owing under section 35, 37 or 38 of the Act may be written off by the Commission if ... (f) the Commission considers that, having regard to all the circumstances,
(i) the penalty or amount is uncollectible, or (ii) the repayment of the penalty or amount would result in undue hardship to the debtor.
2 Canada (Attorney General) v. Filiatrault [1998] F.C.J. no. 1382 (F.C.A.).