PB v Canada Employment Insurance Commission

PB v Canada Employment Insurance Commission

The application for leave to appeal is refused because the Appeal Division found the application was filed in time once the claimant demonstrated she could not open the emailed decision, and because the claimant failed to identify or establish any arguable error within the statutorily permitted grounds of appeal; the General Division's findings on misconduct were supported by the record and thus no reviewable error was shown.

Citation
2024 SST 473
Parties
Applicant/claimant: P. B.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
3 May 2024
Procedural Posture
Employment Insurance / Appeal Division – Application for Leave to Appeal
Outcome
Application for leave to appeal refused; appeal will not proceed
Legal Topics
Misconduct, Leave to Appeal, Extension of Time, Deemed Delivery, Grounds of Appeal, Procedural Fairness
Source Language
English
Employment Insurance Administrative Law Social Security Tribunal Procedure Misconduct Leave to Appeal Extension of Time Deemed Delivery Grounds of Appeal +1 more

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Parties

P. B.

Applicant/claimant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance / Appeal Division – Application for Leave to Appeal

Legal Issues

  1. 1 Was the application to the Appeal Division filed late?
  2. 2 Is there an arguable case that the General Division erred in finding the claimant's conduct was willful or that she knew she could be dismissed?

Ratio Decidendi

The application for leave to appeal is refused because the Appeal Division found the application was filed in time once the claimant demonstrated she could not open the emailed decision, and because the claimant failed to identify or establish any arguable error within the statutorily permitted grounds of appeal; the General Division's findings on misconduct were supported by the record and thus no reviewable error was shown.

Court Disposition

Application for leave to appeal refused; appeal will not proceed

Orders

  • Application for leave to appeal refused