Background:

1. Situation: Giannina Velasco applied for Employment Insurance (EI) benefits after losing her job due to a work shortage on March 17, 2020.
2. EI Emergency Response Benefits (ERB) Payment: Velasco received an advance payment of $2,000 for EI ERB, followed by seven weeks of benefits.
3. Overpayment Notification: The Commission determined that Velasco was entitled to only seven weeks of EI ERB, not the 11 weeks paid (including the advance). Consequently, the Commission issued a Notice of Debt for the $2,000 overpayment.

Legal Proceedings:

1. Reconsideration Request: Velasco requested a reconsideration of the overpayment decision.
2. Commission's Decision: The Commission declined to reconsider, stating it lacked the authority to do so, as the issue concerned debt repayment, not the Commission’s decision.
3. Judicial Review Application: Velasco sought judicial review, arguing she should not repay as she never consented to receive ERB over regular EI benefits and was unaware of the repayment obligation.

Court's Analysis & Judgment:

1. Decision Unreasonable: The Court found the Commission’s decision to be unreasonable, lacking a coherent rationale, and thus set it aside.
2. Reconsideration Requirement: The Court emphasized that the Commission must reconsider its decision upon request under Section 112 of the Employment Insurance Act, which was applicable in this case.
3. Outcome: The application for judicial review was granted. The case was remitted for reconsideration by a different officer of the Commission.
4. Costs: No costs were awarded for this application.

Key Legal Principle:

• The Court emphasized the importance of reasonableness and intelligibility in administrative decisions, especially when it concerns the reconsideration of decisions related to overpayment and debt under the Employment Insurance Act.