DL v Canada Employment Insurance Commission

Leave to appeal was refused because there is no arguable case that the General Division failed to place sufficient weight on mitigating factors; the General Division reasonably found the claimant acted wilfully and the weight of mitigating factors is a factual determination not reviewable under s.58(1).

Source-derived case information.

Citation: 2020 SST 223
Parties: Applicant/claimant: D. L.; Respondent: Canada Employment Insurance Commission
Court: Social Security Tribunal of Canada
Jurisdiction: Canada
Judgment Date: 12 March 2020
Procedural Posture: Employment Insurance Appeal / Application for Leave to Appeal (appeal Division)
Outcome: Application for leave to appeal refused
Legal Topics: Misconduct, Mitigating Factors, Leave to Appeal, Weight of Evidence
Source Language: english

Employment Insurance Administrative Law Social Benefits Misconduct Mitigating Factors Leave to Appeal Weight of Evidence

Source-derived case record

Summary, issues, holding and outcome

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Full judgment text Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 1

Parties

D. L.

Applicant/claimant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance Appeal / Application for Leave to Appeal (appeal Division)

Legal Issues

1 Whether the General Division failed to give sufficient weight to mitigating factors such that its finding of misconduct was in error
2 Whether the claimant's abrupt cessation of antidepressants negated wilful (deliberate) misconduct
3 Whether the assignment of weight to mitigating factors constitutes a reviewable error under s.58(1) of the Department of Employment and Social Development Act

Ratio Decidendi

Court Disposition

Application for leave to appeal refused

Orders

Application for leave to appeal refused

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