J. D. v. Canada Employment Insurance Commission

J. D. v. Canada Employment Insurance Commission

Leave to appeal refused because the claimant failed to identify any arguable reviewable error under section 58(1) of the DESD Act; the General Division reasonably found misconduct on the balance of probabilities and properly assigned little weight to the submitted photos, so the appeal has no reasonable chance of...

Source-derived case information.

Citation
2018 SST 1250
Parties
Claimant: J. D.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
27 November 2018
Procedural Posture
Employment Insurance / Application for Leave to Appeal
Outcome
leave to appeal refused
Legal Topics
Misconduct, Dismissal, Leave to Appeal, Reviewable Error, Evidence Weight
Source Language
english
Employment Insurance Administrative Law Social Security Misconduct Dismissal Leave to Appeal Reviewable Error Evidence Weight

Source-derived case record

Summary, issues, holding and outcome

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Parties

J. D.

Claimant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance / Application for Leave to Appeal

Legal Issues

  1. 1 Whether the General Division made a reviewable error under section 58(1) of the DESD Act
  2. 2 Whether the General Division improperly failed to consider the claimant's photographic evidence or gave it insufficient weight
  3. 3 Whether the claimant's conduct constituted misconduct justifying disqualification from EI benefits

Ratio Decidendi

Leave to appeal refused because the claimant failed to identify any arguable reviewable error under section 58(1) of the DESD Act; the General Division reasonably found misconduct on the balance of probabilities and properly assigned little weight to the submitted photos, so the appeal has no reasonable chance of success.

Court Disposition

leave to appeal refused

Orders

  • Application for leave to appeal refused