AG v Canada Employment Insurance Commission

AG v Canada Employment Insurance Commission

Although the Applicant's delay was brief and he had a reasonable explanation and continuing intention, there was no arguable case because the General Division correctly applied the law, accounted for the 300‑hour COVID temporary credit, and did not commit an important error of fact or law; therefore permitting an extension was not in the interests of justice and the extension was refused.

Citation
2022 SST 403
Parties
Applicant: A. G.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
23 May 2022
Procedural Posture
Employment Insurance Appeal (leave to Appeal) / Extension of Time Decision on Application for Leave to Appeal
Outcome
Extension of time refused; appeal will not proceed.
Legal Topics
Extension of Time, Leave to Appeal, Benefit Qualification, COVID 19 Temporary Measures, Arguable Case
Source Language
English
Employment Insurance Social Security Administrative Law Employment Law Extension of Time Leave to Appeal Benefit Qualification COVID 19 Temporary Measures +1 more

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Parties

A. G.

Applicant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance Appeal (leave to Appeal) / Extension of Time Decision on Application for Leave to Appeal

Legal Issues

  1. 1 Was the application for leave to appeal filed late?
  2. 2 Should time be extended under s.57(2) DESD Act?
  3. 3 Did the General Division err by failing to consider COVID-19 temporary measures or make an important error of fact?

Ratio Decidendi

Although the Applicant's delay was brief and he had a reasonable explanation and continuing intention, there was no arguable case because the General Division correctly applied the law, accounted for the 300‑hour COVID temporary credit, and did not commit an important error of fact or law; therefore permitting an extension was not in the interests of justice and the extension was refused.

Court Disposition

Extension of time refused; appeal will not proceed.

Orders

  • Extension of time to file application for leave to appeal refused
  • No further proceedings on the appeal