C. B. and Canada Employment Insurance Commission

C. B. and Canada Employment Insurance Commission

The Board of Referees failed to determine whether the appellant occupied a teaching job within the meaning of section 33(1) before applying the exception in s.33(2); that procedural and legal error rendered the decision unreasonable, requiring the Appeal Division to allow the appeal and remit the matter to the General Division for a new hearing and to remove the Board's decision from the docket.

Citation
2013 SSTAD 7
Parties
Appellant: C. B.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
7 November 2013
Procedural Posture
Employment Insurance Appeal / Appeal Division Decision; Remitted to General Division for Rehearing
Outcome
Appeal allowed; matter remitted to the Tribunal's General Division (Employment Insurance Section) for a new hearing; Board decision removed from docket.
Legal Topics
Employment Insurance Regulations S.33 (teaching Exception), Entitlement During Non Teaching Period, Definition of Teaching, Standard of Review, Remittal for New Hearing, Legitimate Expectations
Source Language
English
Employment Insurance Administrative Law Social Security Law Employment Insurance Regulations S.33 (teaching Exception) Entitlement During Non Teaching Period Definition of Teaching Standard of Review Remittal for New Hearing +1 more

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Parties

C. B.

Appellant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance Appeal / Appeal Division Decision; Remitted to General Division for Rehearing

Legal Issues

  1. 1 Whether the claimant occupied a teaching job within the meaning of section 33(1) of the Regulations
  2. 2 Whether the Board erred by applying the non‑teaching period exception without first determining teaching status
  3. 3 Whether there was a clear break in the employment relationship during the non‑teaching period

Ratio Decidendi

The Board of Referees failed to determine whether the appellant occupied a teaching job within the meaning of section 33(1) before applying the exception in s.33(2); that procedural and legal error rendered the decision unreasonable, requiring the Appeal Division to allow the appeal and remit the matter to the General Division for a new hearing and to remove the Board's decision from the docket.

Court Disposition

Appeal allowed; matter remitted to the Tribunal's General Division (Employment Insurance Section) for a new hearing; Board decision removed from docket.

Orders

  • Appeal allowed.
  • Matter referred to the Tribunal's General Division (Employment Insurance Section) for a new hearing before a member.