Canada (Procureur général) v. Schembri, 2003 CAF 463 (2003)

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Canada (Procureur général) v. Schembri, 2003 CAF 463 (2003)

Date: 20031204

Docket: A-578-02

Citation: 2003 FCA 463

CORAM: ROTHSTEIN J.A.

EVANS J.A.

PELLETIER J.A.

BETWEEN:

THE ATTORNEY GENERAL OF CANADA

Applicant

and

JOE SCHEMBRI

Respondent

Heard at Toronto, Ontario, on November 6, 2003.

Judgment delivered at Ottawa, Ontario, on December 4, 2003.

REASONS FOR JUDGMENT BY: EVANS J.A.

CONCURRED IN BY: PELLETIER J.A.

CONCURRING REASONS BY: ROTHSTEIN J.A.

Date: 20031204

Docket: A-578-02

Citation: 2003 FCA 463

CORAM: ROTHSTEIN J.A.

EVANS J.A.

PELLETIER J.A.

BETWEEN:

THE ATTORNEY GENERAL OF CANADA

Applicant

and

JOE SCHEMBRI

Respondent

REASONS FOR JUDGMENT

EVANS J.A.

[1] This an application for judicial review by the Attorney General to set aside an Umpire's decision, CUB 55608, which reduced the penalty imposed by the Canada Employment Insurance Commission on Joe Schembri for knowingly misrepresenting his earnings in order to obtain unemployment benefits. The Umpire allowed an appeal from a decision of a Board of Referees which had exonerated Mr. Schembri from any penalty because he was suffering from an addiction to gambling and "should not be penalized for behaviour beyond his control."

[2] Counsel for the Attorney General says that the Umpire was correct to find that the Board erred in law in holdin...

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