M. C. v. Canada Employment Insurance Commission

M. C. v. Canada Employment Insurance Commission

The application for leave to appeal is refused because the claimant failed to establish an arguable case that the General Division breached natural justice or made perverse, capricious or unsupported factual findings about his availability; the General Division reasonably weighed the evidence and its findings were...

Source-derived case information.

Citation
2019 SST 660
Parties
Claimant/applicant: M. C.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
10 July 2019
Procedural Posture
Employment Insurance Appeal / Application for Leave to Appeal to Appeal Division
Outcome
Application for leave to appeal refused
Legal Topics
Availability for Work, Entitlement to Benefits, Overpayment, Natural Justice, Standard of Review for Findings of Fact
Source Language
english
Employment Insurance Administrative Law Social Security Benefits Availability for Work Entitlement to Benefits Overpayment Natural Justice Standard of Review for Findings of Fact

Source-derived case record

Summary, issues, holding and outcome

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Parties

M. C.

Claimant/applicant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance Appeal / Application for Leave to Appeal to Appeal Division

Legal Issues

  1. 1 Whether the General Division failed to observe a principle of natural justice
  2. 2 Whether the General Division made erroneous findings of fact about the claimant's availability for work in a perverse or capricious manner or without regard to the material before it

Ratio Decidendi

The application for leave to appeal is refused because the claimant failed to establish an arguable case that the General Division breached natural justice or made perverse, capricious or unsupported factual findings about his availability; the General Division reasonably weighed the evidence and its findings were supported by the record.

Court Disposition

Application for leave to appeal refused

Orders

  • Application for leave to appeal is refused