FM v Canada Employment Insurance Commission

FM v Canada Employment Insurance Commission

The claimant failed to identify any arguable legal error by the General Division; he merely repeated previously considered factual and legal arguments and therefore the appeal had no reasonable chance of success, so permission to appeal was refused.

Source-derived case information.

Citation
2022 SST 405
Parties
Applicant / Claimant: F. M.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
19 May 2022
Procedural Posture
Employment Insurance / Leave to Appeal (appeal Division Permission)
Outcome
Permission (leave) to appeal refused; appeal will not proceed.
Legal Topics
Employment Insurance Benefits, Insurable Hours, Leave to Appeal, Treatment of Application as Made Earlier, Promptness in Contacting Commission
Source Language
english
Employment Law Social Security Administrative Law Employment Insurance Benefits Insurable Hours Leave to Appeal Treatment of Application as Made Earlier Promptness in Contacting Commission

Source-derived case record

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Parties

F. M.

Applicant / Claimant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance / Leave to Appeal (appeal Division Permission)

Legal Issues

  1. 1 Whether the claimant raised an arguable case to obtain permission to appeal
  2. 2 Whether the claimant had sufficient insurable hours to qualify for EI benefits
  3. 3 Whether the claimant’s application could be treated as though made earlier given delay and severance pay

Ratio Decidendi

The claimant failed to identify any arguable legal error by the General Division; he merely repeated previously considered factual and legal arguments and therefore the appeal had no reasonable chance of success, so permission to appeal was refused.

Court Disposition

Permission (leave) to appeal refused; appeal will not proceed.

Orders

  • Permission to appeal is refused; the appeal shall not proceed.