E. C. v. Canada Employment Insurance Commission

E. C. v. Canada Employment Insurance Commission

The General Division erred by treating the mail date on the reconsideration letter as the date of communication without evidence of delivery; the Commission failed to establish effective communication before February 18, 2016, the date the claimant received a copy, so the appeal was timely and must proceed to the...

Source-derived case information.

Citation
2018 SST 545
Parties
Appellant/claimant: E. C.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
17 May 2018
Procedural Posture
Employment Insurance Appeal / Appeal Division Decision (leave Granted) Remitting to General Division
Outcome
Appeal allowed; General Division decision set aside and matter referred back to the General Division for decision on the merits
Legal Topics
Overpayment, Penalty for False Statements, Notice of Violation, Reconsideration, Communication of Decision, Limitation Periods, Jurisdictional Error
Source Language
english
Employment Insurance Administrative Law Social Security Benefits Overpayment Penalty for False Statements Notice of Violation Reconsideration Communication of Decision +2 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

E. C.

Appellant/claimant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance Appeal / Appeal Division Decision (leave Granted) Remitting to General Division

Legal Issues

  1. 1 Whether the General Division erred in finding that the reconsideration decision was communicated to the claimant on July 19, 2013
  2. 2 Whether the appeal was brought within the statutory time limits from communication of decision
  3. 3 Whether the Appeal Division may substitute its own finding on the date of communication and allow the appeal to proceed

Ratio Decidendi

The General Division erred by treating the mail date on the reconsideration letter as the date of communication without evidence of delivery; the Commission failed to establish effective communication before February 18, 2016, the date the claimant received a copy, so the appeal was timely and must proceed to the General Division on the merits.

Court Disposition

Appeal allowed; General Division decision set aside and matter referred back to the General Division for decision on the merits

Orders

  • General Division decision refusing to proceed is set aside
  • Reconsideration decision is deemed communicated on February 18, 2016