A. S. v. Canada Employment Insurance Commission

A. S. v. Canada Employment Insurance Commission

The Appeal Division lacked power to rescind or amend the Board of Referees decision because section 66(4) requires the division that made the decision (the General Division, for Board decisions) to effect any rescission or amendment; the application was timely and is therefore referred to the General Division for...

Source-derived case information.

Citation
2015 SSTAD 907
Parties
Applicant: A. S.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
23 July 2015
Procedural Posture
Employment Insurance Appeal / Request to Rescind or Amend / Application to Rescind or Amend; Referral to General Division
Outcome
Application to rescind or amend accepted and referred to the General Division for determination
Legal Topics
Rescission or Amendment of Decision, New Facts, Jurisdiction of Tribunal Divisions, Section 66 DESD Act, Interruption of Earnings
Source Language
english
Employment Insurance Administrative Law Social Security Tribunal Procedure Rescission or Amendment of Decision New Facts Jurisdiction of Tribunal Divisions Section 66 DESD Act Interruption of Earnings

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

A. S.

Applicant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance Appeal / Request to Rescind or Amend / Application to Rescind or Amend; Referral to General Division

Legal Issues

  1. 1 Whether the Appeal Division has jurisdiction to consider an application to rescind or amend a Board of Referees decision under s.66 DESD Act
  2. 2 Whether the additional documents constitute new facts or show a material mistake
  3. 3 Whether the application was filed within the statutory time limit

Ratio Decidendi

The Appeal Division lacked power to rescind or amend the Board of Referees decision because section 66(4) requires the division that made the decision (the General Division, for Board decisions) to effect any rescission or amendment; the application was timely and is therefore referred to the General Division for determination.

Court Disposition

Application to rescind or amend accepted and referred to the General Division for determination

Orders

  • Refer the Applicant's request to rescind or amend the Board of Referees decision to the General Division of the Social Security Tribunal of Canada pursuant to s.66(4) DESD Act.
  • Accept the filed Notice as an application under s.66 DESD Act (request to rescind or amend).