B. C. v. Canada Employment Insurance Commission

B. C. v. Canada Employment Insurance Commission

The Appeal Division allowed the appeal because the General Division's decision gave weight to CCTV footage and a police investigation that were not in evidence, creating a possible breach of natural justice and warranting removal of the decision and remittal for a new hearing before a different member.

Source-derived case information.

Citation
2017 SSTADEI 289
Parties
Appellant: B. C.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
1 August 2017
Procedural Posture
Employment Insurance Appeal to Appeal Division / Leave to Appeal Granted; Appeal Allowed and Remitted to General Division for New Hearing by a Different Member
Outcome
Appeal allowed; General Division decision set aside and file remitted for a new hearing by a different member
Legal Topics
Misconduct, Natural Justice, Procedural Fairness, Evidence Admissibility, Remittal
Source Language
english
Employment Law Administrative Law Social Security Law Tribunal Procedure Misconduct Natural Justice Procedural Fairness Evidence Admissibility +1 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

B. C.

Appellant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance Appeal to Appeal Division / Leave to Appeal Granted; Appeal Allowed and Remitted to General Division for New Hearing by a Different Member

Legal Issues

  1. 1 Whether the General Division erred in finding the appellant lost employment for his own misconduct under ss.29-30 of the Employment Insurance Act
  2. 2 Whether the General Division breached natural justice by relying on CCTV footage and a police investigation report that were not in evidence
  3. 3 Whether the General Division's factual findings were unreasonable or made without regard to the material before it

Ratio Decidendi

The Appeal Division allowed the appeal because the General Division's decision gave weight to CCTV footage and a police investigation that were not in evidence, creating a possible breach of natural justice and warranting removal of the decision and remittal for a new hearing before a different member.

Court Disposition

Appeal allowed; General Division decision set aside and file remitted for a new hearing by a different member

Orders

  • Appeal granted
  • File returned to the General Division (Employment Insurance Section) for a new hearing by a different member