AH v Canada Employment Insurance Commission

AH v Canada Employment Insurance Commission

The Appeal Division held the General Division lacked jurisdiction to decide either issue: the first benefit period had been cancelled under s.10(7) of the EI Act so no reconsideration decision existed and therefore no Tribunal jurisdiction, and the General Division erred by exercising jurisdiction over the second...

Source-derived case information.

Citation
2024 SST 431
Parties
Appellant/claimant: A. H.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
25 April 2024
Procedural Posture
Employment Insurance Appeal / Appeal to the Appeal Division From General Division Decision
Outcome
Appeal dismissed; General Division decision rescinded.
Legal Topics
Availability for Work, Jurisdiction, Mootness, Reconsideration, Cancellation of Benefit Period
Source Language
english
Employment Insurance Administrative Law Tribunal Jurisdiction Availability for Work Jurisdiction Mootness Reconsideration Cancellation of Benefit Period

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Parties

A. H.

Appellant/claimant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance Appeal / Appeal to the Appeal Division From General Division Decision

Legal Issues

  1. 1 Did the General Division err by applying mootness principles to refuse to hear the appeal from the first (cancelled) benefit period instead of applying the EI Act jurisdictional provisions?
  2. 2 Did the General Division commit a jurisdictional error by deciding availability for work under the second claim where there was no reconsideration decision?
  3. 3 What is the appropriate remedy for the identified legal and jurisdictional errors?

Ratio Decidendi

The Appeal Division held the General Division lacked jurisdiction to decide either issue: the first benefit period had been cancelled under s.10(7) of the EI Act so no reconsideration decision existed and therefore no Tribunal jurisdiction, and the General Division erred by exercising jurisdiction over the second claim where no reconsideration request had been made; reliance on mootness (Borowski) was the wrong legal test. The appropriate remedy was to rescind the General Division decision and dismiss the appeal, leaving the claimant the opportunity to seek a reconsideration (including an extension of the 30-day deadline) from the Commission.

Court Disposition

Appeal dismissed; General Division decision rescinded.

Orders

  • Appeal dismissed
  • General Division decision rescinded