MS v Canada Employment Insurance Commission

MS v Canada Employment Insurance Commission

Leave to appeal was refused because the claimant identified no legal error and no provision in the Employment Insurance Act that permits extending a benefit period for being stuck overseas; therefore the appeal had no reasonable chance of success under the statutory test for permission to appeal.

Citation
2022 SST 500
Parties
Applicant/claimant: M. S.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
6 June 2022
Procedural Posture
Employment Insurance Appeal / Leave to Appeal (permission)
Outcome
Leave to appeal refused
Legal Topics
Benefit Period Extension, Eligibility for EI Benefits, Leave to Appeal, Statutory Interpretation
Source Language
English
Employment Insurance Social Security Administrative Law Benefit Period Extension Eligibility for EI Benefits Leave to Appeal Statutory Interpretation

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Parties

M. S.

Applicant/claimant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance Appeal / Leave to Appeal (permission)

Legal Issues

  1. 1 Whether the General Division erred by refusing to extend the claimant's EI benefit period due to being stuck overseas
  2. 2 Whether the claimant's circumstances fall within the statutory grounds for extending a benefit period under the Employment Insurance Act
  3. 3 Whether there is any arguable ground on which an appeal might succeed

Ratio Decidendi

Leave to appeal was refused because the claimant identified no legal error and no provision in the Employment Insurance Act that permits extending a benefit period for being stuck overseas; therefore the appeal had no reasonable chance of success under the statutory test for permission to appeal.

Court Disposition

Leave to appeal refused

Orders

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