Petrogas Energy Service Ltd v. Canada Employment Insurance Commission

Petrogas Energy Service Ltd v. Canada Employment Insurance Commission

Leave to appeal was granted because the Applicant raised arguable issues including potential breach of procedural fairness and alleged factual errors such that the appeal has a reasonable chance of success under s.58(1) of the Department of Employment and Social Development Act.

Citation
2016 SSTADEI 455
Parties
Applicant (employer): Petrogas Energy Service Ltd; Respondent (commission): Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
1 September 2016
Procedural Posture
Collection / Application for Leave to Appeal
Outcome
Application for leave to appeal granted
Legal Topics
Leave to Appeal, Natural Justice, Standard of Review, Erroneous Findings of Fact, Hearing Attendance
Source Language
English
Employment Insurance Administrative Law Procedural Fairness Appeal Leave to Appeal Natural Justice Standard of Review Erroneous Findings of Fact +1 more

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Parties

Petrogas Energy Service Ltd

Applicant (employer)

Canada Employment Insurance Commission

Respondent (commission)

Procedural Posture

Collection / Application for Leave to Appeal

Legal Issues

  1. 1 Whether leave to appeal should be granted
  2. 2 Whether the General Division failed to observe a principle of natural justice (procedural fairness)
  3. 3 Whether the General Division erred in law in making its decision

Ratio Decidendi

Leave to appeal was granted because the Applicant raised arguable issues including potential breach of procedural fairness and alleged factual errors such that the appeal has a reasonable chance of success under s.58(1) of the Department of Employment and Social Development Act.

Court Disposition

Application for leave to appeal granted

Orders

  • Leave to appeal granted
  • Applicant to provide full details explaining inability to attend the General Division hearing