L. T. v. Canada Employment Insurance Commission

L. T. v. Canada Employment Insurance Commission

Application refused because claimant failed to establish new facts (the facts predated the decision and could have been discovered with diligence; the medical certificate was not decisive and post-dated the quitting) and failed to demonstrate the July 6, 2018 decision was based on a mistake of material fact.

Citation
2019 SST 198
Parties
Appellant (claimant): L. T.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
10 January 2019
Procedural Posture
Employment Insurance (ei) / Application to Rescind or Amend Decision
Outcome
Application to rescind or amend refused; July 6, 2018 decision remains unchanged and in full force and effect.
Legal Topics
Rescission or Amendment, New Facts, Mistake of Material Fact, Voluntary Leaving, Just Cause, Reconsideration
Source Language
English
Employment Insurance Administrative Law Social Security Law Rescission or Amendment New Facts Mistake of Material Fact Voluntary Leaving Just Cause +1 more

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Parties

L. T.

Appellant (claimant)

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance (ei) / Application to Rescind or Amend Decision

Legal Issues

  1. 1 Whether the claimant presented new facts meeting the legal test for rescission or amendment
  2. 2 Whether the July 6, 2018 decision was made without knowledge of, or based on, a mistake as to a material fact related to the issue under appeal

Ratio Decidendi

Application refused because claimant failed to establish new facts (the facts predated the decision and could have been discovered with diligence; the medical certificate was not decisive and post-dated the quitting) and failed to demonstrate the July 6, 2018 decision was based on a mistake of material fact.

Court Disposition

Application to rescind or amend refused; July 6, 2018 decision remains unchanged and in full force and effect.

Orders

  • Application to rescind or amend refused