RP v Canada Employment Insurance Commission

RP v Canada Employment Insurance Commission

The General Division committed legal error by (1) applying an incorrect 'good cause' test instead of the statutory Reconsideration Request Regulations s.1(1) factors, (2) failing to consider whether the Commission acted judicially in refusing to extend time, and (3) neglecting to apply s.1(2) where a subsequent application had been filed; accordingly the Appeal Division allows the appeal and remits the matter to the General Division for reconsideration applying the correct legal tests.

Citation
2024 SST 522
Parties
Appellant / Claimant: R. P.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
5 January 2024
Procedural Posture
Employment Insurance / Appeal Division Remitted to General Division for Reconsideration
Outcome
Appeal allowed and remitted to the General Division for reconsideration
Legal Topics
Reconsideration Request, Extension of Time, Late Request for Reconsideration, Error of Law, Judicial Exercise of Discretion, Reconsideration Request Regulations
Source Language
English
Employment Insurance Administrative Law Social Security Tribunal Procedure Reconsideration Request Extension of Time Late Request for Reconsideration Error of Law Judicial Exercise of Discretion +1 more

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Parties

R. P.

Appellant / Claimant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance / Appeal Division Remitted to General Division for Reconsideration

Legal Issues

  1. 1 Whether the claimant's reconsideration request was filed within the 30‑day statutory time limit
  2. 2 Whether the Commission properly exercised its discretion to extend time under the Reconsideration Request Regulations s.1(1) and s.1(2)
  3. 3 Whether the General Division applied the correct legal test and acted judicially in reviewing the Commission's refusal to extend time

Ratio Decidendi

The General Division committed legal error by (1) applying an incorrect 'good cause' test instead of the statutory Reconsideration Request Regulations s.1(1) factors, (2) failing to consider whether the Commission acted judicially in refusing to extend time, and (3) neglecting to apply s.1(2) where a subsequent application had been filed; accordingly the Appeal Division allows the appeal and remits the matter to the General Division for reconsideration applying the correct legal tests.

Court Disposition

Appeal allowed and remitted to the General Division for reconsideration

Orders

  • Appeal allowed. Matter sent back to the General Division to reconsider the Commission's refusal to extend time in accordance with the Reconsideration Request Regulations and to assess s.1(2) where applicable.