AB v Canada Employment Insurance Commission

AB v Canada Employment Insurance Commission

The General Division erred as a matter of law by failing to obtain a CRA ruling on the number of insurable hours when there was evidence to doubt the recorded hours (the Claimant testified he needed to verify his hours); therefore the Appeal is allowed and the file is remitted to the General Division with a...

Source-derived case information.

Citation
2025 SST 269
Parties
Appellant: A. B.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
24 March 2025
Procedural Posture
Employment Insurance Appeal / Appeal Division
Outcome
Appeal allowed; matter remitted to the General Division for reconsideration
Legal Topics
Insurable Hours, CRA Ruling, Benefit Entitlement, Procedural Fairness, Benefit of the Doubt
Source Language
english
Employment Insurance Social Security Administrative Law Insurable Hours CRA Ruling Benefit Entitlement Procedural Fairness Benefit of the Doubt

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Parties

A. B.

Appellant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance Appeal / Appeal Division

Legal Issues

  1. 1 Did the General Division fail to follow a fair process?
  2. 2 Did the General Division err by failing to apply s.49(2) (benefit of the doubt)?
  3. 3 Did the General Division err by failing to request a CRA ruling under s.90(1)(d)?

Ratio Decidendi

The General Division erred as a matter of law by failing to obtain a CRA ruling on the number of insurable hours when there was evidence to doubt the recorded hours (the Claimant testified he needed to verify his hours); therefore the Appeal is allowed and the file is remitted to the General Division with a direction to ask the Commission to obtain a CRA ruling for the qualifying period March 20, 2022 to March 9, 2024. The benefit of the doubt provision s.49(2) does not apply and the fairness complaints related to the Commission are not before the Tribunal.

Court Disposition

Appeal allowed; matter remitted to the General Division for reconsideration

Orders

  • Appeal allowed
  • Matter returned to the General Division for reconsideration