BZ v Canada Employment Insurance Commission

BZ v Canada Employment Insurance Commission

The General Division erred by failing to examine the factors the Commission relied on and by misstating the burden of proof regarding judicial exercise of discretion, and it denied procedural fairness by not allowing the claimant to submit evidence referenced at the hearing; the appropriate remedy is remittal to the General Division for a new hearing.

Citation
2024 SST 1127
Parties
Appellant: B. Z.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
20 September 2024
Procedural Posture
Employment Insurance Appeal / Appeal Division Decision (remitted to General Division for New Hearing)
Outcome
Appeal allowed in part; matter returned to the General Division for reconsideration and a new hearing.
Legal Topics
Availability for Work, Overpayment, Reconsideration, Exercise of Discretion, Procedural Fairness, Remittal
Source Language
English
Employment Insurance Administrative Law Tribunal Procedure Availability for Work Overpayment Reconsideration Exercise of Discretion Procedural Fairness +1 more

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Parties

B. Z.

Appellant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance Appeal / Appeal Division Decision (remitted to General Division for New Hearing)

Legal Issues

  1. 1 Whether the Commission exercised its discretion judicially when retroactively disentitling the claimant
  2. 2 Whether the claimant was available for work as of February 1, 2021
  3. 3 Whether the General Division provided procedural fairness by allowing the claimant to submit evidence referenced at hearing

Ratio Decidendi

The General Division erred by failing to examine the factors the Commission relied on and by misstating the burden of proof regarding judicial exercise of discretion, and it denied procedural fairness by not allowing the claimant to submit evidence referenced at the hearing; the appropriate remedy is remittal to the General Division for a new hearing.

Court Disposition

Appeal allowed in part; matter returned to the General Division for reconsideration and a new hearing.

Orders

  • Appeal allowed. Return the matter to the General Division for a new hearing and for the parties to be afforded an opportunity to submit and rely on evidence and submissions on the factors the Commission considered.