MS v Canada Employment Insurance Commission

MS v Canada Employment Insurance Commission

The applicant failed to show an arguable case that the General Division committed an important factual error on any contested point (timing of medical care, search for other employment, evidence of mental health issues, confirmation of earlier statements, voluntariness of quitting). The evidence supported the...

Source-derived case information.

Citation
2021 SST 68
Parties
Applicant / Claimant: M. S.; Respondent / Commission: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
22 February 2021
Procedural Posture
Employment Insurance Appeal (leave to Appeal) / Application for Leave to Appeal to the Appeal Division (refused)
Outcome
Application to the Appeal Division refused; appeal does not have a reasonable chance of success.
Legal Topics
Just Cause for Voluntary Leaving, Availability for Work, Medical Evidence and Confidentiality, Factual Review on Leave to Appeal, Leave to Appeal Standard
Source Language
english
Employment Insurance Social Security Administrative Law Just Cause for Voluntary Leaving Availability for Work Medical Evidence and Confidentiality Factual Review on Leave to Appeal Leave to Appeal Standard

Source-derived case record

Summary, issues, holding and outcome

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Parties

M. S.

Applicant / Claimant

Canada Employment Insurance Commission

Respondent / Commission

Procedural Posture

Employment Insurance Appeal (leave to Appeal) / Application for Leave to Appeal to the Appeal Division (refused)

Legal Issues

  1. 1 Whether the General Division made an important factual error about whether the claimant sought medical advice before quitting
  2. 2 Whether the General Division made an important factual error about whether the claimant looked for other employment before quitting
  3. 3 Whether there was evidence of stress or mental health issues sufficient to establish just cause

Ratio Decidendi

The applicant failed to show an arguable case that the General Division committed an important factual error on any contested point (timing of medical care, search for other employment, evidence of mental health issues, confirmation of earlier statements, voluntariness of quitting). The evidence supported the General Division's findings, so the appeal had no reasonable chance of success and leave to appeal was refused.

Court Disposition

Application to the Appeal Division refused; appeal does not have a reasonable chance of success.

Orders

  • Application to the Appeal Division is refused because the appeal does not have a reasonable chance of success.
  • Appeal dismissed (leave to appeal denied).