A. M. v. Canada Employment Insurance Commission

A. M. v. Canada Employment Insurance Commission

Leave to appeal was granted and the appeal allowed because the Applicant demonstrated a reasonable chance of success based on procedural unfairness: an adjournment request by the Applicant was on record but not considered by the General Division, undermining the right to be heard; the Respondent consented to remittal; therefore the proper remedy is referral to the General Division for a rehearing where evidence can be presented.

Citation
2016 SSTADEI 321
Parties
Applicant: A. M.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
21 June 2016
Procedural Posture
Employment Insurance Appeal to Social Security Tribunal / Appeal Division Leave to Appeal Granted; Appeal Allowed; Remitted to General Division for Rehearing
Outcome
Appeal allowed; leave to appeal granted; matter referred back to the General Division for reconsideration and rehearing
Legal Topics
Employment Insurance, Leave to Appeal, Natural Justice, Adjournment, Availability for Work, Remittal for Rehearing
Source Language
English
Employment Law Administrative Law Social Security Law Employment Insurance Leave to Appeal Natural Justice Adjournment Availability for Work +1 more

Case Brief

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Parties

A. M.

Applicant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance Appeal to Social Security Tribunal / Appeal Division Leave to Appeal Granted; Appeal Allowed; Remitted to General Division for Rehearing

Legal Issues

  1. 1 Whether the appeal has a reasonable chance of success
  2. 2 Whether the General Division breached natural justice by proceeding despite an adjournment request
  3. 3 Whether the General Division erred in law in its availability determination

Ratio Decidendi

Leave to appeal was granted and the appeal allowed because the Applicant demonstrated a reasonable chance of success based on procedural unfairness: an adjournment request by the Applicant was on record but not considered by the General Division, undermining the right to be heard; the Respondent consented to remittal; therefore the proper remedy is referral to the General Division for a rehearing where evidence can be presented.

Court Disposition

Appeal allowed; leave to appeal granted; matter referred back to the General Division for reconsideration and rehearing

Orders

  • Leave to appeal granted.
  • Appeal allowed.