BB c Commission de l’assurance-emploi du Canada

BB c Commission de l’assurance-emploi du Canada

Given the short interval between the original and rescheduled hearing dates and the prior practice of confirming the hearing time by telephone, the appellant could reasonably rely on a confirming call; the absence of that confirmation resulted in a breach of procedural fairness, warranting permission to appeal,...

Source-derived case information.

Citation
2024 TSS 1603
Parties
Appellant: B. B.; Respondent: Commission de l’assurance-emploi du Canada
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
6 December 2024
Procedural Posture
Assurance‑emploi Appeal / Permission to Appeal Granted; Appeal Allowed; Remitted to General Division for Rehearing
Outcome
Permission to appeal granted; appeal allowed; matter remitted to the General Division for rehearing.
Legal Topics
Availability for Work During Training, Absence From Hearing, Permission to Appeal, Overpayment
Source Language
french
Employment Insurance Administrative Law Procedural Fairness Availability for Work During Training Absence From Hearing Permission to Appeal Overpayment

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

Parties

B. B.

Appellant

Commission de l’assurance-emploi du Canada

Respondent

Procedural Posture

Assurance‑emploi Appeal / Permission to Appeal Granted; Appeal Allowed; Remitted to General Division for Rehearing

Legal Issues

  1. 1 Whether permission to appeal should be granted
  2. 2 Whether the General Division breached procedural fairness by rendering a decision in the appellant's absence
  3. 3 Whether the appellant was available for work during training (substantive issue remitted)

Ratio Decidendi

Given the short interval between the original and rescheduled hearing dates and the prior practice of confirming the hearing time by telephone, the appellant could reasonably rely on a confirming call; the absence of that confirmation resulted in a breach of procedural fairness, warranting permission to appeal, allowing the appeal, and remittal to the General Division for rehearing.

Court Disposition

Permission to appeal granted; appeal allowed; matter remitted to the General Division for rehearing.

Orders

  • Permission to appeal granted
  • Appeal allowed