DC v Canada Employment Insurance Commission

DC v Canada Employment Insurance Commission

The Appeal Division held that the General Division committed an error in law by disregarding the Claimant's medical evidence without explanation and failing to consider whether the Claimant's conduct was wilful in light of his ADHD; the matter was remitted to the General Division for reconsideration.

Source-derived case information.

Citation
2020 SST 241
Parties
Appellant / Claimant: D. C.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
16 March 2020
Procedural Posture
Employment Insurance / Appeal Division Decision (remitted to General Division for Reconsideration)
Outcome
Appeal allowed; file returned to the General Division for reconsideration.
Legal Topics
Misconduct, Wilful Misconduct, Medical Evidence, ADHD, Procedural Fairness, Remittal
Source Language
english
Employment Insurance Misconduct Wilful Misconduct Medical Evidence ADHD Procedural Fairness Remittal

Source-derived case record

Summary, issues, holding and outcome

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Parties

D. C.

Appellant / Claimant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance / Appeal Division Decision (remitted to General Division for Reconsideration)

Legal Issues

  1. 1 Whether the General Division rendered its decision without regard for the material before it
  2. 2 Whether the Claimant's conduct was wilful, conscious and deliberate in light of his ADHD
  3. 3 Whether the General Division improperly disregarded medical evidence and failed to explain weight assigned to evidence

Ratio Decidendi

The Appeal Division held that the General Division committed an error in law by disregarding the Claimant's medical evidence without explanation and failing to consider whether the Claimant's conduct was wilful in light of his ADHD; the matter was remitted to the General Division for reconsideration.

Court Disposition

Appeal allowed; file returned to the General Division for reconsideration.

Orders

  • Appeal allowed
  • Matter remitted to the General Division for reconsideration