C. D. v. Canada Employment Insurance Commission

C. D. v. Canada Employment Insurance Commission

Leave to appeal was refused because the applicant did not identify any ground under DESD Act s.58(1) with a reasonable chance of success; the General Division's findings were supported by the record and the applicant's submissions amounted to an impermissible request to reweigh evidence.

Source-derived case information.

Citation
2017 SSTADEI 178
Parties
Applicant: C. D.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
2 May 2017
Procedural Posture
Employment Insurance Leave to Appeal / Application for Leave to Appeal to Appeal Division (refused)
Outcome
Application for leave to appeal refused
Legal Topics
Misconduct, Leave to Appeal, Natural Justice, Standard of Review, Evidence and Credibility
Source Language
english
Employment Insurance Administrative Law Social Security Misconduct Leave to Appeal Natural Justice Standard of Review Evidence and Credibility

Source-derived case record

Summary, issues, holding and outcome

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Parties

C. D.

Applicant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance Leave to Appeal / Application for Leave to Appeal to Appeal Division (refused)

Legal Issues

  1. 1 Whether the appeal has a reasonable chance of success under DESD Act s.58(2)
  2. 2 Whether the General Division failed to observe a principle of natural justice or erred in law
  3. 3 Whether the General Division made perverse or capricious findings of fact

Ratio Decidendi

Leave to appeal was refused because the applicant did not identify any ground under DESD Act s.58(1) with a reasonable chance of success; the General Division's findings were supported by the record and the applicant's submissions amounted to an impermissible request to reweigh evidence.

Court Disposition

Application for leave to appeal refused

Orders

  • Leave to appeal refused by the Appeal Division