*IRVINE A-269-10: The Federal Court of Appeal found that the alleged new fact was not material to the applicant’s claim and consequently did not meet the new facts test for reconsideration pursuant to Section 120 of the Act.
*CHAMCHUK A-302-10: The Federal Court of Appeal dismissed the claimant’s appeal stating: “This Court has repeatedly held that absent special circumstances, it will not use a judicial review of the reconsideration decision as a vehicle for a collateral attack of the original decision…”
FORTIN T-472-88 Judgment Of The Federal Court Of Appeal, LAFOREST A-607-87 Judgment Of The Federal Court Of Appeal:
section 52 Employment Insurance Act used to correct Commission errors.
BRIEN A-425-96 Judgment Of The Federal Court Of Appeal and RAJOTTE A-426-96 Judgment Of The Federal Court Of Appeal: Determining the reconsideration and recoupment period under
section 52 Employment Insurance Act. Notifying claimant via Notice of Overpayment.
PIRKER A-753-00 Judgment Of The Federal Court Of Appeal, ZUCHOSKI A-217-97 Judgment Of The Federal Court Of Appeal: Notification of overpayment
ROMERO A-815-96 Judgment Of The Federal Court Of Appeal, GAGNON A-676-96 Judgment Of The Federal Court Of Appeal: Overpayment as an issue vs the decision that created the overpayment
LEMAY A-172-01 Judgment Of The Federal Court Of Appeal: extension of time under
43(6) of the UI Act Employment Insurance Act(now
52(5) of the EI Act Employment Insurance Act) does not require the false or misleading statement to have been made "knowingly" unlike
section 33 Employment Insurance Act (now
section 38 Employment Insurance Act).
ARSENEAULT A-66-05 Judgment Of The Federal Court Of Appeal, DUSSAULT A-646-02 Judgment Of The Federal Court Of Appeal, LANGELIER A-140-01 Judgment Of The Federal Court Of Appeal, PELLETIER A-988-96 Judgment Of The Federal Court Of Appeal & CAMPEAU A-989-96 Judgment Of The Federal Court Of Appeal, RANCOURT A-355-96 Judgment Of The Federal Court Of Appeal, PILOTE A-868-97 Judgment Of The Federal Court Of Appeal: A claim may be reconsidered beyond the 36 month time limit if, in the opinion of the Commission, a false or misleading statement was made.
MANSOUR A-145-00 Judgment Of The Federal Court Of Appeal,
BISWAS A-281-99 Judgment Of The Federal Court Of Appeal (upholding CUB 41771A Umpire Decision): Amendment of decision - timeliness required
WATSON A-417-96 Judgment Of The Federal Court Of Appeal, OKAFOR A-648-94 Judgment Of The Federal Court Of Appeal, PLOMMER A-84-95 Judgment Of The Federal Court Of Appeal, WILE A-233-94 Judgment Of The Federal Court Of Appeal, TAYLOR A-681-90 Judgment Of The Federal Court Of Appeal: Amendment of Decision on new facts.
CHAN A-185-94 Judgment Of The Federal Court Of Appeal, DUBOIS A-728-97 Judgment Of The Federal Court Of Appeal: Definition of new facts
BRIERE A-637-86 Judgment Of The Federal Court Of Appeal: Onus of proof.
CORNISH-HARDY A-647-78 Judgment Of The Federal Court Of Appeal / SUPREME COURT Number 15944 (1980), LAFLAMME A-931-96 Judgment Of The Federal Court Of Appeal, GIRARD A-6-97 Judgment Of The Federal Court Of Appeal: Commission authority to write-off overpayment
MOSHER A-713-01 Judgment Of The Federal Court Of Appeal, BUORS A-294-01 Judgment Of The Federal Court Of Appeal, WOODS A-417-01 Judgment Of The Federal Court Of Appeal: Neither the Board of Referees nor the Umpire has jurisdiction or authority to compel the Commission to exercise its discretion to write off an overpayment.
FOURNIER A-420-99 Judgment Of The Federal Court Of Appeal: A claimant cannot be held responsible for an overpayment fraudulently perpetrated by a third party without his knowledge.
LANUZO A-2-05 Judgment Of The Federal Court Of Appeal: Commission error does not excuse the obligation to repay benefits wrongly paid.