MB v Canada Employment Insurance Commission

MB v Canada Employment Insurance Commission

The Appeal Division upheld the General Division’s assessment that the claimant did not demonstrate good cause for backdating given gaps in enquiries and the credibility findings were supportable on the evidence, but found the General Division did not address whether the claimant was eligible for benefits after June...

Source-derived case information.

Citation
2022 SST 394
Parties
Appellant/claimant: M. B.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
16 May 2022
Procedural Posture
Employment Insurance Appeal / Appeal Division Review and Remittance to General Division
Outcome
Appeal allowed in part and remitted to the General Division on the issue of eligibility for Employment Insurance benefits after June 24, 2021
Legal Topics
Backdating Application, Eligibility for Benefits, Good Cause for Delay, Procedural Fairness, Remittal
Source Language
english
Employment Insurance Administrative Law Social Security Backdating Application Eligibility for Benefits Good Cause for Delay Procedural Fairness Remittal

Source-derived case record

Summary, issues, holding and outcome

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Parties

M. B.

Appellant/claimant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance Appeal / Appeal Division Review and Remittance to General Division

Legal Issues

  1. 1 Did the General Division ignore the Claimant’s evidence about her efforts to find out about her entitlement to benefits?
  2. 2 Did the General Division refuse to let the Claimant argue whether she was eligible to receive Employment Insurance benefits?
  3. 3 Did the General Division fail to consider whether she was eligible to receive Employment Insurance benefits after June 24, 2021?

Ratio Decidendi

The Appeal Division upheld the General Division’s assessment that the claimant did not demonstrate good cause for backdating given gaps in enquiries and the credibility findings were supportable on the evidence, but found the General Division did not address whether the claimant was eligible for benefits after June 24, 2021; accordingly the matter is remitted to the General Division solely on that outstanding eligibility issue.

Court Disposition

Appeal allowed in part and remitted to the General Division on the issue of eligibility for Employment Insurance benefits after June 24, 2021

Orders

  • Return the matter to the General Division on the issue of the Claimant’s eligibility for benefits after June 24, 2021.
  • General Division to put the matter aside until the Commission issues a reconsideration decision on that eligibility issue.