LN v Canada Employment Insurance Commission

LN v Canada Employment Insurance Commission

Leave to appeal refused because there was no arguable case that the General Division committed a jurisdictional error or overlooked or misunderstood evidence material to its finding that the claimant was not available for work; the General Division reasonably found the claimant unduly limited her employment prospects by refusing vaccination and applied settled law, and the Appeal Division cannot reassess mixed questions of fact and law.

Citation
2023 SST 182
Parties
Applicant/claimant: L. N.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
18 February 2023
Procedural Posture
Employment Insurance Leave to Appeal / Appeal Division Application for Leave to Appeal From General Division Decision
Outcome
Application for leave to appeal refused; appeal will not proceed
Legal Topics
Availability for Work, Disentitlement, Vaccine Mandate, Leave to Appeal, Jurisdictional Error, Error of Fact
Source Language
English
Employment Insurance Administrative Law Social Security Law Availability for Work Disentitlement Vaccine Mandate Leave to Appeal Jurisdictional Error +1 more

Case Brief

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Parties

L. N.

Applicant/claimant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance Leave to Appeal / Appeal Division Application for Leave to Appeal From General Division Decision

Legal Issues

  1. 1 Whether the General Division made an error of jurisdiction
  2. 2 Whether the General Division ignored or misunderstood evidence about employer consideration of health risks
  3. 3 Whether the General Division ignored or misunderstood evidence that the claimant searched for work outside healthcare

Ratio Decidendi

Leave to appeal refused because there was no arguable case that the General Division committed a jurisdictional error or overlooked or misunderstood evidence material to its finding that the claimant was not available for work; the General Division reasonably found the claimant unduly limited her employment prospects by refusing vaccination and applied settled law, and the Appeal Division cannot reassess mixed questions of fact and law.

Court Disposition

Application for leave to appeal refused; appeal will not proceed

Orders

  • Leave to appeal refused