AE c Commission de l’assurance-emploi du Canada

AE c Commission de l’assurance-emploi du Canada

The General Division committed a jurisdictional error by deciding the number of insurable employment hours (692) without a Canada Revenue Agency determination, and the proper remedy is to allow the appeal and remit the matter to the General Division for reconsideration so the Commission can obtain a CRA judgment if necessary.

Citation
2025 TSS 1065
Parties
Appellant: A. E.; Respondent: Commission de l’assurance-emploi du Canada
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
1 October 2025
Procedural Posture
Assurance Emploi (employment Insurance) Appeal / Appeal Division Decision; Remitted to General Division for Rehearing
Outcome
Appeal allowed pursuant to parties’ agreement; matter remitted to the General Division for reexamination.
Legal Topics
Insurable Employment Hours, Jurisdiction, Referral to Canada Revenue Agency, Remission for Reconsideration
Source Language
French
Employment Insurance Administrative Law Tribunal Procedure Insurable Employment Hours Jurisdiction Referral to Canada Revenue Agency Remission for Reconsideration

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Parties

A. E.

Appellant

Commission de l’assurance-emploi du Canada

Respondent

Procedural Posture

Assurance Emploi (employment Insurance) Appeal / Appeal Division Decision; Remitted to General Division for Rehearing

Legal Issues

  1. 1 Whether the General Division had jurisdiction to determine insurable employment hours without a Canada Revenue Agency determination
  2. 2 Whether the proper remedy is to remit the matter to the General Division for reconsideration after CRA involvement

Ratio Decidendi

The General Division committed a jurisdictional error by deciding the number of insurable employment hours (692) without a Canada Revenue Agency determination, and the proper remedy is to allow the appeal and remit the matter to the General Division for reconsideration so the Commission can obtain a CRA judgment if necessary.

Court Disposition

Appeal allowed pursuant to parties’ agreement; matter remitted to the General Division for reexamination.

Orders

  • Appeal allowed in accordance with the agreement between the parties.
  • The matter is remitted to the General Division for reconsideration.