A. P. v. Canada Employment Insurance Commission

A. P. v. Canada Employment Insurance Commission

Leave to appeal was granted because the Applicant identified an arguable ground under s.58(1)(c): the General Division may have based its decision on an erroneous finding of fact concerning whether the Applicant inquired about his rights before June 2014, and the audio record and file evidence create a reasonable prospect that the finding was made without proper regard to the material, giving the appeal a reasonable chance of success.

Citation
2016 SSTADEI 217
Parties
Applicant: A. P.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
19 April 2016
Procedural Posture
Employment Insurance / Application for Leave to Appeal to the Appeal Division
Outcome
Application for leave to appeal granted
Legal Topics
Antedating Request, Leave to Appeal, Erroneous Finding of Fact, Natural Justice, Procedural Fairness
Source Language
English
Employment Insurance Social Security Administrative Law Antedating Request Leave to Appeal Erroneous Finding of Fact Natural Justice Procedural Fairness

Case Brief

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Parties

A. P.

Applicant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance / Application for Leave to Appeal to the Appeal Division

Legal Issues

  1. 1 Whether the appeal has a reasonable chance of success under s.58 DESD Act
  2. 2 Whether the General Division erred by finding the Applicant did not inquire about his rights before June 2014
  3. 3 Whether the General Division based its decision on an erroneous finding of fact made perversely, capriciously, or without regard for the material before it

Ratio Decidendi

Leave to appeal was granted because the Applicant identified an arguable ground under s.58(1)(c): the General Division may have based its decision on an erroneous finding of fact concerning whether the Applicant inquired about his rights before June 2014, and the audio record and file evidence create a reasonable prospect that the finding was made without proper regard to the material, giving the appeal a reasonable chance of success.

Court Disposition

Application for leave to appeal granted

Orders

  • Leave to appeal to the Appeal Division is granted
  • Parties are invited to make written submissions on whether a hearing is appropriate, the form of any hearing, and on the merits of the appeal