A. C. v. Canada Employment Insurance Commission

A. C. v. Canada Employment Insurance Commission

Applicant failed to show facts that occurred after the Appeal Division decision or pre-existing facts that could not have been discovered with diligence and decisive of the issue, and did not demonstrate the decision was made without knowledge of or based on a mistake as to a material fact; undisputed evidence established undeclared earnings; therefore s.66 relief is not available and the rescind/amend application must be dismissed.

Citation
2015 SSTAD 940
Parties
Applicant: A. C.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
29 July 2015
Procedural Posture
Employment Insurance / Application to Rescind or Amend Decision Under Section 66 of the DESD Act
Outcome
Application to rescind or amend dismissed
Legal Topics
Rescission/amendment of Tribunal Decision, New Facts Test, Delay and Charter S.11, Overpayment of Benefits, Allocation of Earnings, Non Monetary Penalty
Source Language
English
Employment Insurance Administrative Law Constitutional Law Rescission/amendment of Tribunal Decision New Facts Test Delay and Charter S.11 Overpayment of Benefits Allocation of Earnings +1 more

Case Brief

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Parties

A. C.

Applicant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance / Application to Rescind or Amend Decision Under Section 66 of the DESD Act

Legal Issues

  1. 1 Whether information supplied constitutes new facts under s.66 DESD Act
  2. 2 Whether the decision was made without knowledge of or based on a mistake as to some material fact
  3. 3 Whether delay in notifying overpayment engages Charter s.11 and justifies rescission

Ratio Decidendi

Applicant failed to show facts that occurred after the Appeal Division decision or pre-existing facts that could not have been discovered with diligence and decisive of the issue, and did not demonstrate the decision was made without knowledge of or based on a mistake as to a material fact; undisputed evidence established undeclared earnings; therefore s.66 relief is not available and the rescind/amend application must be dismissed.

Court Disposition

Application to rescind or amend dismissed

Orders

  • Application to rescind or amend is dismissed; the decision of the Appeal Division dated October 23, 2014 is upheld.