BB v Canada Employment Insurance Commission

BB v Canada Employment Insurance Commission

The Appeal Division allowed the appeal because the General Division issued its decision before the 30‑day filing period under ss.47‑48 of the Regulations had expired and without giving the Claimant the opportunity he had requested to respond; this procedural unfairness required remitting the matter to the General...

Source-derived case information.

Citation
2020 SST 216
Parties
Appellant/claimant: B. B.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
9 March 2020
Procedural Posture
Employment Insurance Appeal / Appeal Division Review of General Division Decision (application to Rescind or Amend)
Outcome
Appeal allowed; matter returned to the General Division
Legal Topics
Employment Insurance, Rescind or Amend Application, Procedural Fairness, Natural Justice, Regulatory Interpretation, New or Material Facts
Source Language
english
Employment Law Administrative Law Social Security Law Employment Insurance Rescind or Amend Application Procedural Fairness Natural Justice Regulatory Interpretation +1 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

B. B.

Appellant/claimant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance Appeal / Appeal Division Review of General Division Decision (application to Rescind or Amend)

Legal Issues

  1. 1 Whether it was unfair for the General Division to issue its decision before the 30‑day deadline for filing submissions had passed
  2. 2 Whether the General Division made errors of fact in finding the Claimant did not present new or material facts

Ratio Decidendi

The Appeal Division allowed the appeal because the General Division issued its decision before the 30‑day filing period under ss.47‑48 of the Regulations had expired and without giving the Claimant the opportunity he had requested to respond; this procedural unfairness required remitting the matter to the General Division to allow the full 30 days for submissions.

Court Disposition

Appeal allowed; matter returned to the General Division

Orders

  • Appeal allowed
  • Matter returned to the General Division for reconsideration