MB v Canada Employment Insurance Commission

MB v Canada Employment Insurance Commission

Permission to appeal was refused because the Applicant did not raise an arguable case: the General Division did not err in law or jurisdiction by refusing to consider the merits of the January 2019 decision once the Commission had validly declined to grant reconsideration and an extension of time, limiting the General Division to timeliness and discretion issues and making the decision final.

Citation
2022 SST 445
Parties
Claimant: M. B.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
4 May 2022
Procedural Posture
Employment Insurance Reconsideration and Appeal / Appeal Division Leave to Appeal (permission) Stage
Outcome
Permission (leave) to appeal refused.
Legal Topics
Overpayment, Penalty, Reconsideration, Extension of Time, Leave to Appeal, Jurisdictional Limits
Source Language
English
Employment Insurance Administrative Law Social Security Law Overpayment Penalty Reconsideration Extension of Time Leave to Appeal +1 more

Case Brief

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Parties

M. B.

Claimant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance Reconsideration and Appeal / Appeal Division Leave to Appeal (permission) Stage

Legal Issues

  1. 1 Whether the General Division erred in jurisdiction by not considering the merits of undeclared earnings, penalty and violation because the Commission had not reconsidered its decision
  2. 2 Whether the Commission properly refused an extension of time for requesting reconsideration under the Reconsideration Request Regulations
  3. 3 Whether the Applicant has raised an arguable case sufficient to grant permission to appeal under section 58(2) DESD Act

Ratio Decidendi

Permission to appeal was refused because the Applicant did not raise an arguable case: the General Division did not err in law or jurisdiction by refusing to consider the merits of the January 2019 decision once the Commission had validly declined to grant reconsideration and an extension of time, limiting the General Division to timeliness and discretion issues and making the decision final.

Court Disposition

Permission (leave) to appeal refused.

Orders

  • Permission to appeal refused; the appeal will not proceed.