Key legal question
Whether the appellant met the good-faith requirement for waiver of repayment of undue AVS benefits.
Extracted holding
No. By answering negatively to the question whether he had been married more than once and by omitting the second marriage in the benefits application, the appellant made a false declaration and could not rely on good faith.
Extracted reasoning
The Federal Court was bound by the lower court’s findings of fact and saw no manifestly incorrect assessment. The signed application showed that the remarriage was not disclosed, and there was no acceptable explanation for the omission.