Reconsideration of a Claim
| Questions to Answer |
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| References |
| Act: sections 52, 53, 120. Related: sections 43, 47 Regulations: section 56 |
| Legal test |
Section 52 Commission Authority to Reconsider a Claim: the legal basis for the Commission's power to determine that benefits have been improperly paid and to ask for repayment. (LAFOREST A-607-87) Examples:
Section 120 - Authority to Amend a Decision: The Commission, Board of Referees or Umpire may rescind or amend their decision on presentation of new facts or error in material fact Example: Claimant asks Commission, Board or Umpire to reconsider its 1st decision: CHAN A-185-94 |
| Onus of proof |
| Section 52 of the Act: Establish underpayment or overpayment: The Commission must, within the legislated time frames: 1) decide whether or not to exercise its discretion to reconsider, 2) make the new decision, 3) calculate underpayment or overpayment, 4) notify claimant of the decision. BRIERE A-637-86 Section 120 of the Act: Amend or rescind a decision. The Commission, the Board of Referees or the Umpire must be satisfied there are new facts or mistake regarding a material fact CHAN A-185-94 |
| Key Case Law |
| FORTIN T-472-88, LAFOREST A-607-87: section 52 used to correct Commission errors. BRIEN A-425-96 and RAJOTTE A-426-96: Determining the reconsideration and recoupment period under section 52. Notifying claimant via Notice of Overpayment. PIRKER A-753-00, ZUCHOSKI A-217-97: Notification of overpayment ROMERO A-815-96, GAGNON A-676-96: Overpayment as an issue vs the decision that created the overpayment LEMAY A-172-01: extension of time under 43(6) of the UI Act (now 52(5) of the EI Act) does not require the false or misleading statement to have been made "knowingly" unlike section 33 (now section 38). ARSENEAULT A-66-05, DUSSAULT A-646-02, LANGELIER A-140-01, PELLETIER A-988-96 & CAMPEAU A-989-96, RANCOURT A-355-96, PILOTE A-868-97: 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, BISWAS A-281-99 (upholding CUB 41771A): Amendment of decision - timeliness required WATSON A-417-96, OKAFOR A-648-94, PLOMMER A-84-95, WILE A-233-94, TAYLOR A-681-90: Amendment of Decision on new facts. CHAN A-185-94, DUBOIS A-728-97: Definition of new facts BRIERE A-637-86: Onus of proof. CORNISH-HARDY A-647-78 / SUPREME COURT Number 15944 (1980), LAFLAMME A-931-96, GIRARD A-6-97: Commission authority to write-off overpayment MOSHER A-713-01, BUORS A-294-01, WOODS A-417-01: 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: A claimant cannot be held responsible for an overpayment fraudulently perpetrated by a third party without his knowledge. LANUZO A-2-05: Commission error does not excuse the obligation to repay benefits wrongly paid. |