The fact that the Commission decided not to exercise its discretion and impose a penalty on a claimant for making a false or misleading statement does not prevent the Commission from considering that such a statement has been made and accordingly, taking advantage of the extended time from thirty-six months to seventy-two months to reconsider the claim for benefits.
Canada (A.G.) v. Pilote, December 15, 1998, F.C.J. No. 1923 (F.C.A.) A-868-97
However, where the Commission specifically wishes to avail itself of the extension of time provided in the legislation for reconsidering a claim involving a false statement, it must have more than a mere suspicion that there was a false and misleading statement. The Commission cannot act arbitrarily without evidence before it or on the basis of erroneous or unverified information.
Desjardins v. Canada (E.I.C.), [2004] F.C.J. No. 736 (F.C.A.) T-1074-02
The Commission is not barred from reconsidering a claim merely because it has previously brought criminal proceedings against a claimant for false or misleading statements or representations.
Pelletier v. Canada (E.I.C.), June 11, 1997, F.C.J. No. 893 (F.C.A.) A-988-96
Campeau v. Canada (E.I.C.), June 11, 1997, F.C.J. No. 894 (F.C.A.) A-989-96
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2009-04-28