BU v Canada Employment Insurance Commission

BU v Canada Employment Insurance Commission

The General Division committed an error of law by converting the hearing to an in‑writing format without making a permitted determination or confirming the Claimant's consent to change format, and it committed an important error of fact by failing to consider evidence that the Claimant had requested reconsideration of the Commission's decision including the insufficient hours issue; therefore the appeal is allowed and the matter is remitted to the General Division for reconsideration with directions to address hearing format and, if needed, request the Commission to complete the reconsideration.

Citation
2024 SST 828
Parties
Appellant / Claimant: B. U.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
16 July 2024
Procedural Posture
Employment Insurance Appeal / Appeal Division Review of General Division Decision
Outcome
Appeal allowed; matter remitted to the General Division for reconsideration.
Legal Topics
Hours of Insurable Employment, Reconsideration, Method of Hearing, Error of Law, Error of Fact, Jurisdiction, Procedural Fairness
Source Language
English
Employment Insurance Administrative Law Tribunal Procedure Hours of Insurable Employment Reconsideration Method of Hearing Error of Law Error of Fact +2 more

Case Brief

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Parties

B. U.

Appellant / Claimant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance Appeal / Appeal Division Review of General Division Decision

Legal Issues

  1. 1 Whether the General Division erred in law by failing to hold the hearing in the format requested by the Claimant
  2. 2 Whether the General Division made an important error of fact by finding that the Claimant did not request reconsideration of the Commission's decision on insufficient insurable hours
  3. 3 Whether the General Division had jurisdiction to hear the appeal under s.112 of the Employment Insurance Act given the scope of the reconsideration request

Ratio Decidendi

The General Division committed an error of law by converting the hearing to an in‑writing format without making a permitted determination or confirming the Claimant's consent to change format, and it committed an important error of fact by failing to consider evidence that the Claimant had requested reconsideration of the Commission's decision including the insufficient hours issue; therefore the appeal is allowed and the matter is remitted to the General Division for reconsideration with directions to address hearing format and, if needed, request the Commission to complete the reconsideration.

Court Disposition

Appeal allowed; matter remitted to the General Division for reconsideration.

Orders

  • Appeal allowed
  • Return matter to the General Division for reconsideration