AE v Canada Employment Insurance Commission

AE v Canada Employment Insurance Commission

Leave to appeal refused because, although the General Division made a jurisdictional error by reviewing whether the Commission used its s.52 reconsideration power, that error does not provide a reasonable chance of success: the allocation and recovery of settlement earnings are governed by s.45, the Commission acted...

Source-derived case information.

Citation
2025 SST 421
Parties
Applicant: A. E.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
25 April 2025
Procedural Posture
Employment Insurance Leave to Appeal / Appeal Division Decision on Leave to Appeal
Outcome
Application for leave to appeal refused
Legal Topics
Employment Insurance, Overpayment, Reconsideration, Jurisdiction, Procedural Fairness, Allocation of Earnings
Source Language
english
Employment Law Social Security Law Administrative Law Employment Insurance Overpayment Reconsideration Jurisdiction Procedural Fairness +1 more

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Parties

A. E.

Applicant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance Leave to Appeal / Appeal Division Decision on Leave to Appeal

Legal Issues

  1. 1 Whether the appeal has a reasonable chance of success for leave to appeal
  2. 2 Whether the General Division made a jurisdictional error by reviewing a section 52 reconsideration instead of section 45 allocation
  3. 3 Whether the settlement payment constitutes earnings and was correctly allocated

Ratio Decidendi

Leave to appeal refused because, although the General Division made a jurisdictional error by reviewing whether the Commission used its s.52 reconsideration power, that error does not provide a reasonable chance of success: the allocation and recovery of settlement earnings are governed by s.45, the Commission acted within the 36‑month statutory limit, and the General Division correctly applied the law that only the Commission can write off the overpayment.

Court Disposition

Application for leave to appeal refused

Orders

  • Application for leave to appeal refused
  • Tribunal strongly encourages the Canada Employment Insurance Commission to provide the claimant with an accounting and overpayment breakdown