CF v Canada Employment Insurance Commission

CF v Canada Employment Insurance Commission

Extension of time was granted because the claimant provided a plausible and relatively short explanation for delay, but leave to appeal was refused because there is no arguable case of procedural unfairness: the General Division acknowledged disclosure issues, offered an adjournment and post-hearing submissions which the claimant declined, and there is no evidence the General Division ignored significant evidence or committed error of law, fact, or jurisdiction necessary to permit appeal.

Citation
2023 SST 270
Parties
Applicant/claimant: C. F.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
22 September 2023
Procedural Posture
Appeal Division Application for Leave to Appeal of a General Division EI Decision / Application for Extension of Time and Leave to Appeal (decision on Admissibility and Merits of Leave)
Outcome
Extension of time granted; application for leave to appeal refused; appeal will not proceed.
Legal Topics
Employment Insurance, Emergency Response Benefit, Overpayment, Procedural Fairness, Extension of Time, Leave to Appeal, Late Appeal
Source Language
English
Employment Law Social Security Administrative Law Employment Insurance Emergency Response Benefit Overpayment Procedural Fairness Extension of Time +2 more

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Parties

C. F.

Applicant/claimant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Appeal Division Application for Leave to Appeal of a General Division EI Decision / Application for Extension of Time and Leave to Appeal (decision on Admissibility and Merits of Leave)

Legal Issues

  1. 1 Was the application to the Appeal Division filed late?
  2. 2 Should the time for filing the application be extended?
  3. 3 Is there an arguable case that the General Division acted unfairly by failing to disclose documents needed for the hearing?

Ratio Decidendi

Extension of time was granted because the claimant provided a plausible and relatively short explanation for delay, but leave to appeal was refused because there is no arguable case of procedural unfairness: the General Division acknowledged disclosure issues, offered an adjournment and post-hearing submissions which the claimant declined, and there is no evidence the General Division ignored significant evidence or committed error of law, fact, or jurisdiction necessary to permit appeal.

Court Disposition

Extension of time granted; application for leave to appeal refused; appeal will not proceed.

Orders

  • Extension of time to file application to the Appeal Division granted
  • Application for leave to appeal refused; appeal dismissed at leave stage