AT v Canada Employment Insurance Commission

AT v Canada Employment Insurance Commission

Leave to appeal was refused because the Claimant did not establish any arguable reviewable error: the invoice did not reference Employer #1, the General Division reasonably found the Claimant's testimony unpersuasive, the Claimant had opportunity to provide a revised invoice but did not, and he failed to show new facts or a material mistake that could justify rescinding or amending the decision, so the appeal had no reasonable chance of success.

Citation
2022 SST 542
Parties
Appellant: A. T.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
21 June 2022
Procedural Posture
Employment Insurance / Application for Leave to Appeal
Outcome
Leave to appeal refused.
Legal Topics
Rescind or Amend Decision, Allocation of Earnings, Leave to Appeal, Natural Justice, Burden of Proof
Source Language
English
Employment Insurance Administrative Law Social Security Tribunal Practice Rescind or Amend Decision Allocation of Earnings Leave to Appeal Natural Justice Burden of Proof

Case Brief

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 9 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

A. T.

Appellant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance / Application for Leave to Appeal

Legal Issues

  1. 1 Whether the General Division erred in refusing to rescind or amend its decision
  2. 2 Whether the General Division breached natural justice by not allowing time to obtain a revised invoice
  3. 3 Whether the General Division misallocated the burden of proof regarding third party documents

Ratio Decidendi

Leave to appeal was refused because the Claimant did not establish any arguable reviewable error: the invoice did not reference Employer #1, the General Division reasonably found the Claimant's testimony unpersuasive, the Claimant had opportunity to provide a revised invoice but did not, and he failed to show new facts or a material mistake that could justify rescinding or amending the decision, so the appeal had no reasonable chance of success.

Court Disposition

Leave to appeal refused.

Orders

  • Application for leave to appeal refused; appeal will not proceed.