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Canada (Attorney General) v. Emamifar

CanLII (Federation of Law Societies of Canada)
CanLII · Legal · License: Open Access
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canadacanadiancaselawcourtopinionfca
canada, canadian, case law, court opinion, canlii, fca, 2026fca141, 2026 fca 141 (canlii), 2026, fca, 141, (canlii), a-285-25, 2026, administrative law, judicial review, reasonableness, social security tribunal, appeal division, whether the decision shows justification, intelligibility, and transparency, reasons first approach under canada (minister of citizenship and immigration) v. vavilov, deference on interpretation of the employment insurance act, application for judicial review dismissed, pensions and social benefits, employment insurance, reconsideration of claim, employment insurance act, subs. 52(5), whether failure to inform of return to work and earnings is a false or misleading statement or representation, reporting exemption and omission distinguished from action, extension from 36 to 72 months unavailable, application for judicial review dismissed, pensions and social benefits, employment insurance, false or misleading statements, online application, attestation, rights and responsibilities, whether the information provided in the application was false or misleading when made, statement of intention versus statement of fact, record of employment consistent with stated return, to, work date, no evidence of falsity found, application for judicial review dismissed, pensions and social benefits, employment insurance, statutory interpretation, employment insurance act, subs. 52(5), whether omissions are excluded from “false or misleading statement or representation”, comparison with employment insurance act, para. 38(1)(a) and absence of “omission”, reliance on j. s. and b. s., interpretation upheld as reasonable, application for judicial review dismissed, pensions and social benefits, employment insurance, commission opinion standard, employment insurance act, subs. 52(5), whether the appeal division applied the required inquiry into a reasonable basis for the commission’s opinion, reasons read holistically and contextually, finding of no evidence supporting false or misleading statement, no reviewable flaw shown, application for judicial review dismissed
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