A claimant is not liable to repay benefits which were obtained fraudulently by another person without the knowledge or consent of the claimant. The question to be answered is, did a third party fraudulently cause the Commission to make the payment of benefits and if so was the fraud committed with the claimant’s knowledge and consent.
Fournier v. Canada (Human Resources Development), 2002 FCA 138 (F.C.A.)
Canada (A.G.) v. Lylander, 2008 FCA 365 (F.C.A.) A-231-08
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2010-05-26