OS v Canada Employment Insurance Commission

OS v Canada Employment Insurance Commission

Leave to appeal was refused because the Appeal Division found no arguable error: the General Division properly applied the law, the decision that the claimant was not available for work was supported by evidence, there was no procedural unfairness, and the application did not raise an arguable factual or legal error...

Source-derived case information.

Citation
2025 SST 284
Parties
Claimant: O. S.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
25 March 2025
Procedural Posture
Employment Insurance Leave to Appeal / Appeal Division Leave to Appeal Decision
Outcome
Leave to appeal refused
Legal Topics
Availability for Work, Entitlement to EI Regular Benefits, Procedural Fairness, Leave to Appeal, Error of Fact, Standard for Adducing New Evidence
Source Language
english
Social Security Employment Insurance Administrative Law Availability for Work Entitlement to EI Regular Benefits Procedural Fairness Leave to Appeal Error of Fact +1 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

O. S.

Claimant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance Leave to Appeal / Appeal Division Leave to Appeal Decision

Legal Issues

  1. 1 Does the appeal have a reasonable chance of success under s.58 DESD Act?
  2. 2 Did the General Division commit a procedural fairness error?
  3. 3 Did the General Division make an important factual error?

Ratio Decidendi

Leave to appeal was refused because the Appeal Division found no arguable error: the General Division properly applied the law, the decision that the claimant was not available for work was supported by evidence, there was no procedural unfairness, and the application did not raise an arguable factual or legal error that could change the outcome.

Court Disposition

Leave to appeal refused

Orders

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