B. C. v. Canada Employment Insurance Commission

B. C. v. Canada Employment Insurance Commission

Because the General Division gave weight to CCTV footage and a police investigation report that were not in evidence, it breached natural justice; the appeal is allowed, the June 23, 2017 decision is removed, and the matter is remitted for a new hearing by a different General Division member.

Source-derived case information.

Citation
2017 SSTADEI 307
Parties
Appellant: B. C.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
25 August 2017
Procedural Posture
Employment Insurance / Appeal Division Leave to Appeal Granted; Appeal Allowed and Remitted to General Division for New Hearing
Outcome
Appeal allowed; General Division decision set aside and remitted for a new hearing by a different member.
Legal Topics
Misconduct, Natural Justice, Standard of Review, Leave to Appeal, Evidence
Source Language
english
Employment Law Administrative Law Social Security Misconduct Natural Justice Standard of Review Leave to Appeal Evidence

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 Division Leave to Appeal Granted; Appeal Allowed and Remitted to General Division for New Hearing

Legal Issues

  1. 1 Whether the General Division erred in finding the Appellant lost employment by reason of his own misconduct under ss.29 and 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 filed in evidence

Ratio Decidendi

Because the General Division gave weight to CCTV footage and a police investigation report that were not in evidence, it breached natural justice; the appeal is allowed, the June 23, 2017 decision is removed, and the matter is remitted for a new hearing by a different General Division member.

Court Disposition

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

Orders

  • The file is returned to the General Division (Employment Insurance Section) of the Social Security Tribunal of Canada for a new hearing by a different member.
  • The General Division decision dated June 23, 2017, is removed from the file.