EL v Canada Employment Insurance Commission

The application was late but time to file was extended due to a reasonable explanation; however the Appeal Division will not hear an interlocutory appeal before the General Division concludes absent exceptional circumstances, and none exist here, so the application is dismissed as premature.

Source-derived case information.

Citation: 2023 SST 968
Parties: Claimant/applicant: E. L.; Respondent: Canada Employment Insurance Commission
Court: Social Security Tribunal of Canada
Jurisdiction: Canada
Judgment Date: 24 July 2023
Procedural Posture: Employment Insurance Appeal / Application for Leave to Appeal and Extension of Time (interlocutory)
Outcome: Application dismissed as premature (leave to appeal refused); time for filing extended.
Legal Topics: Extension of Time, Interlocutory Appeals, Charter Challenge, Remedy
Source Language: english

Employment Insurance Administrative Law Constitutional Law Extension of Time Interlocutory Appeals Charter Challenge Remedy

Source-derived case record

Summary, issues, holding and outcome

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Full judgment text Legal principles 5 Authorities cited 12 Party arguments 2 Amounts and remedies 4

Parties

E. L.

Claimant/applicant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance Appeal / Application for Leave to Appeal and Extension of Time (interlocutory)

Legal Issues

1 Was the application to the Appeal Division late?
2 Should the time for filing the application be extended?
3 Should the Appeal Division consider appeals of interlocutory General Division decisions before the General Division process concludes?

Ratio Decidendi

Court Disposition

Application dismissed as premature (leave to appeal refused); time for filing extended.

Orders

Application dismissed as premature
Time for filing the application is extended

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