YW v Canada Employment Insurance Commission

YW v Canada Employment Insurance Commission

Permission to appeal was refused because there is no arguable case that the General Division committed a reviewable error: the General Division properly applied settled law on antedating and good cause, considered the claimant's circumstances, found no procedural unfairness in its process, and the evidence supported its conclusion that the claimant did not take reasonably prompt steps nor establish exceptional circumstances for the 20‑week delay.

Citation
2022 SST 467
Parties
Applicant/claimant: Y. W.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
3 June 2022
Procedural Posture
Employment Insurance — Leave to Appeal to Appeal Division / Application for Permission (leave) to Appeal Refused
Outcome
Application for leave to appeal refused
Legal Topics
Employment Insurance, Antedating Claim, Good Cause for Delay, Procedural Fairness, Leave to Appeal
Source Language
English
Employment Law Social Security Law Administrative Law Employment Insurance Antedating Claim Good Cause for Delay Procedural Fairness Leave to Appeal

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Parties

Y. W.

Applicant/claimant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance — Leave to Appeal to Appeal Division / Application for Permission (leave) to Appeal Refused

Legal Issues

  1. 1 Whether there is an arguable case that the General Division breached procedural fairness
  2. 2 Whether the General Division erred in law, jurisdiction or made an important error of fact in refusing to antedate the EI claim
  3. 3 Whether the claimant showed good cause to antedate her initial EI claim for the period March 14, 2021 to August 2, 2021

Ratio Decidendi

Permission to appeal was refused because there is no arguable case that the General Division committed a reviewable error: the General Division properly applied settled law on antedating and good cause, considered the claimant's circumstances, found no procedural unfairness in its process, and the evidence supported its conclusion that the claimant did not take reasonably prompt steps nor establish exceptional circumstances for the 20‑week delay.

Court Disposition

Application for leave to appeal refused

Orders

  • Permission to appeal is refused; the appeal will not proceed