LR v Canada Employment Insurance Commission

LR v Canada Employment Insurance Commission

The Appeal Division held that the General Division exceeded its jurisdiction by deciding the Claimant’s availability for December 23–25, 2015 without a prior s.112 reconsideration and that the General Division’s factual finding about the Claimant’s daycare start-up was unsupported by the evidence; accordingly the...

Source-derived case information.

Citation
2020 SST 6
Parties
Applicant/appellant/claimant: L. R.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
6 January 2020
Procedural Posture
Employment Insurance / Appeal Division — Leave to Appeal and Final Determination
Outcome
Application for leave to appeal granted; appeal allowed; General Division decision set aside; Claimant entitled to Employment Insurance benefits for December 23, 2015 to January 2, 2016.
Legal Topics
Availability for Work, Reconsideration Under S.112, Appeal Under S.113, Self Employment, Evidence Sufficiency
Source Language
english
Employment Insurance Administrative Law Tribunal Jurisdiction Availability for Work Reconsideration Under S.112 Appeal Under S.113 Self Employment Evidence Sufficiency

Source-derived case record

Summary, issues, holding and outcome

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Parties

L. R.

Applicant/appellant/claimant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance / Appeal Division — Leave to Appeal and Final Determination

Legal Issues

  1. 1 Did the General Division exceed its jurisdiction by deciding availability for December 23–25, 2015 without a s.112 reconsideration?
  2. 2 Did the General Division base its decision on factual errors regarding the extent of the Claimant’s involvement in starting a daycare?

Ratio Decidendi

The Appeal Division held that the General Division exceeded its jurisdiction by deciding the Claimant’s availability for December 23–25, 2015 without a prior s.112 reconsideration and that the General Division’s factual finding about the Claimant’s daycare start-up was unsupported by the evidence; accordingly the appeal was allowed and the Claimant entitled to Employment Insurance benefits for the period in issue.

Court Disposition

Application for leave to appeal granted; appeal allowed; General Division decision set aside; Claimant entitled to Employment Insurance benefits for December 23, 2015 to January 2, 2016.

Orders

  • Grant leave to appeal.
  • Allow the appeal.