T. W. v. Canada Employment Insurance Commission

T. W. v. Canada Employment Insurance Commission

The application for leave to appeal is refused because there is no arguable case under s.58(1) DESD Act: the General Division applied settled law to the facts on availability, did not breach natural justice or exceed jurisdiction, and did not make perverse factual findings; the Digest is not binding and does not...

Source-derived case information.

Citation
2018 SST 1146
Parties
Applicant / Claimant: T. W.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
13 November 2018
Procedural Posture
Employment Insurance Leave to Appeal / Application for Leave to Appeal to Appeal Division (refused on 2018 11 13)
Outcome
Application for leave to appeal refused
Legal Topics
Availability for Work, Overpayment, Leave to Appeal, Natural Justice, Jurisdiction, Standard of Review
Source Language
english
Employment Insurance Administrative Law Social Security Labour Law Availability for Work Overpayment Leave to Appeal Natural Justice +2 more

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Parties

T. W.

Applicant / Claimant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance Leave to Appeal / Application for Leave to Appeal to Appeal Division (refused on 2018 11 13)

Legal Issues

  1. 1 Whether the General Division erred in law by finding the claimant’s search for temporary employment unduly limited her chances of returning to the labour market
  2. 2 Whether the General Division failed to observe a principle of natural justice or otherwise erred in jurisdiction
  3. 3 Whether the General Division based its decision on erroneous factual findings made in a perverse or capricious manner or without regard for the material before it

Ratio Decidendi

The application for leave to appeal is refused because there is no arguable case under s.58(1) DESD Act: the General Division applied settled law to the facts on availability, did not breach natural justice or exceed jurisdiction, and did not make perverse factual findings; the Digest is not binding and does not demonstrate an error of law.

Court Disposition

Application for leave to appeal refused

Orders

  • Leave to appeal refused