AG v Canada Employment Insurance Commission

AG v Canada Employment Insurance Commission

Leave to appeal was refused because the claimant failed to identify any arguable reviewable error by the General Division: the General Division applied the correct legal tests, permissibly weighed the evidence (finding insufficient job search efforts and ongoing medically directed leave), and the Appeal Division...

Source-derived case information.

Citation
2024 SST 1013
Parties
Applicant/claimant: A. G.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
25 August 2024
Procedural Posture
Employment Insurance Leave to Appeal / Application for Leave to Appeal to Appeal Division
Outcome
Leave to appeal refused; appeal will not proceed.
Legal Topics
Availability for Work, Reasonable and Customary Efforts, Leave to Appeal, Reconsideration, Admissibility of New Evidence
Source Language
english
Employment Insurance Administrative Law Social Security Availability for Work Reasonable and Customary Efforts Leave to Appeal Reconsideration Admissibility of New Evidence

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Summary, issues, holding and outcome

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Parties

A. G.

Applicant/claimant

Canada Employment Insurance Commission

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the General Division erred in finding the claimant not available for work
  2. 2 Whether the Commission lawfully reconsidered entitlement
  3. 3 Whether the General Division committed procedural unfairness or error of law

Ratio Decidendi

Leave to appeal was refused because the claimant failed to identify any arguable reviewable error by the General Division: the General Division applied the correct legal tests, permissibly weighed the evidence (finding insufficient job search efforts and ongoing medically directed leave), and the Appeal Division cannot reweigh evidence or admit new evidence; therefore there was no reasonable chance of success on appeal.

Court Disposition

Leave to appeal refused; appeal will not proceed.

Orders

  • Application for leave to appeal refused; appeal will not proceed.