Canada Employment Insurance Commission v. A. I.

Canada Employment Insurance Commission v. A. I.

The application for leave to appeal was granted because the Commission's pleadings identified potential legal and factual errors by the General Division concerning 'just cause' under the Employment Insurance Act that, if proven, could lead to a successful appeal and therefore give the appeal a reasonable chance of success under s.58(1).

Citation
2016 SSTADEI 223
Parties
Applicant/appellant: Canada Employment Insurance Commission; Respondent: A. I.
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
21 April 2016
Procedural Posture
Employment Insurance Appeal Division (leave to Appeal) / Application for Leave to Appeal
Outcome
Application for leave to appeal granted.
Legal Topics
Leave to Appeal, Just Cause for Voluntary Leaving, Natural Justice, Erroneous Finding of Fact, Standard of Review
Source Language
English
Employment Insurance Administrative Law Social Security Leave to Appeal Just Cause for Voluntary Leaving Natural Justice Erroneous Finding of Fact Standard of Review

Case Brief

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Parties

Canada Employment Insurance Commission

Applicant/appellant

A. I.

Respondent

Procedural Posture

Employment Insurance Appeal Division (leave to Appeal) / Application for Leave to Appeal

Legal Issues

  1. 1 Whether the General Division erred in law or fact in allowing the Respondent's appeal
  2. 2 Whether the Respondent had just cause to voluntarily leave employment under the Employment Insurance Act
  3. 3 Whether the application for leave to appeal has a reasonable chance of success under s.58(1) of the Department of Employment and Social Development Act

Ratio Decidendi

The application for leave to appeal was granted because the Commission's pleadings identified potential legal and factual errors by the General Division concerning 'just cause' under the Employment Insurance Act that, if proven, could lead to a successful appeal and therefore give the appeal a reasonable chance of success under s.58(1).

Court Disposition

Application for leave to appeal granted.

Orders

  • Application for leave to appeal granted