L. S. v. Canada Employment Insurance Commission

L. S. v. Canada Employment Insurance Commission

The General Division erred by refusing to exercise jurisdiction over the overpayment amount because the overpayment was an integral, mathematically inevitable consequence of the Commission's reconsideration and thus appealable; nevertheless the overpayment was correctly calculated at $1,048.00 and the claimant is...

Source-derived case information.

Citation
2018 SST 566
Parties
Appellant/claimant: L. S.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
24 May 2018
Procedural Posture
Employment Insurance Appeal / Appeal Division Review of General Division Decision
Outcome
Appeal dismissed
Legal Topics
Allocation of Severance, Overpayment, Notice of Debt, Jurisdiction, Reconsideration
Source Language
english
Employment Insurance Administrative Law Social Security Benefits Public Law Allocation of Severance Overpayment Notice of Debt Jurisdiction +1 more

Source-derived case record

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Parties

L. S.

Appellant/claimant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance Appeal / Appeal Division Review of General Division Decision

Legal Issues

  1. 1 Whether the General Division refused to exercise its jurisdiction by declining to consider the overpayment amount
  2. 2 Whether the overpayment of $1,048.00 was correctly calculated following reallocation of severance
  3. 3 Whether administrative delay by the Commission relieves the claimant of repayment liability

Ratio Decidendi

The General Division erred by refusing to exercise jurisdiction over the overpayment amount because the overpayment was an integral, mathematically inevitable consequence of the Commission's reconsideration and thus appealable; nevertheless the overpayment was correctly calculated at $1,048.00 and the claimant is liable to repay it.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Confirmed overpayment of $1,048.00 as set out in the December 31, 2016 Notice of Debt