NR v Canada Employment Insurance Commission

NR v Canada Employment Insurance Commission

Time to file the appeal was extended because the claimant provided a reasonable explanation (travel and inability to access email) for being 13 days late, but leave to appeal was refused because there is no arguable case that the General Division made a jurisdictional, procedural fairness, legal, or significant factual error; the General Division correctly identified and applied the law, reviewed and weighed the evidence, and made necessary findings of fact.

Citation
2024 SST 1085
Parties
Applicant/claimant: N. R.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
10 September 2024
Procedural Posture
Employment Insurance Appeal Division / Extension of Time and Leave to Appeal
Outcome
Application for leave to appeal refused; time to file appeal extended to August 15, 2024; General Division decision dated June 28, 2024 stands.
Legal Topics
Voluntary Leaving, Just Cause, Extension of Time, Leave to Appeal, Procedural Fairness, Jurisdictional Error, Late Filing
Source Language
English
Employment Insurance Administrative Law Social Security Tribunal Procedure Voluntary Leaving Just Cause Extension of Time Leave to Appeal +3 more

Case Brief

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Parties

N. R.

Applicant/claimant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance Appeal Division / Extension of Time and Leave to Appeal

Legal Issues

  1. 1 Whether the Claimant filed her appeal late
  2. 2 Whether the Appeal Division should extend the time for filing the appeal
  3. 3 Whether to grant permission (leave) to appeal the General Division decision

Ratio Decidendi

Time to file the appeal was extended because the claimant provided a reasonable explanation (travel and inability to access email) for being 13 days late, but leave to appeal was refused because there is no arguable case that the General Division made a jurisdictional, procedural fairness, legal, or significant factual error; the General Division correctly identified and applied the law, reviewed and weighed the evidence, and made necessary findings of fact.

Court Disposition

Application for leave to appeal refused; time to file appeal extended to August 15, 2024; General Division decision dated June 28, 2024 stands.

Orders

  • Time to file the appeal extended to August 15, 2024
  • Leave to appeal refused