DL v Canada Employment Insurance Commission

DL v Canada Employment Insurance Commission

The General Division correctly applied the interim orders and statutory provisions that deemed the March 20, 2020 application to be an EI ERB claim and prevented establishment of a regular EI benefit period between March 15 and September 26, 2020; consequently a benefit period began September 27, 2020 and the one-time additional hours credit was properly applied to that period, meaning the claimant lacked sufficient insurable hours for the September 2021 claim. No error of law, no material error of fact, and no breach of procedural fairness were shown; appeal dismissed.

Citation
2022 SST 414
Parties
Appellant/claimant: D. L.; Respondent/commission: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
25 May 2022
Procedural Posture
Employment Insurance / Appeal Division — Appeal From General Division Decision
Outcome
Appeal dismissed
Legal Topics
Employment Insurance, Eligibility, Benefit Period, Procedural Fairness, Statutory Interpretation, Interim Orders, Estoppel, Administrative Decision Making
Source Language
English
Employment Law Administrative Law Social Security Law Employment Insurance Eligibility Benefit Period Procedural Fairness Statutory Interpretation +3 more

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Parties

D. L.

Appellant/claimant

Canada Employment Insurance Commission

Respondent/commission

Procedural Posture

Employment Insurance / Appeal Division — Appeal From General Division Decision

Legal Issues

  1. 1 Did the General Division fail to follow procedural fairness by not obtaining a transcript of a phone call?
  2. 2 Did the General Division err in fact by finding the appellant made an initial claim on or after September 27, 2020?
  3. 3 Did the General Division err in law by relying on the wrong version of legislation (temporary measures/interim orders)?

Ratio Decidendi

The General Division correctly applied the interim orders and statutory provisions that deemed the March 20, 2020 application to be an EI ERB claim and prevented establishment of a regular EI benefit period between March 15 and September 26, 2020; consequently a benefit period began September 27, 2020 and the one-time additional hours credit was properly applied to that period, meaning the claimant lacked sufficient insurable hours for the September 2021 claim. No error of law, no material error of fact, and no breach of procedural fairness were shown; appeal dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed