SD v Canada Employment Insurance Commission

SD v Canada Employment Insurance Commission

Leave to appeal refused because the claimant failed to show an arguable case that the General Division relied on false employer information or had a duty to investigate; the General Division reasonably preferred the employer's consistent evidence and there was no evidence of fabrication or procedural error as...

Source-derived case information.

Citation
2020 SST 217
Parties
Claimant: S. D.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
9 March 2020
Procedural Posture
Employment Insurance Appeal / Application for Leave to Appeal (appeal Division) Refused
Outcome
Application for leave to appeal refused
Legal Topics
Misconduct Disqualification, Leave to Appeal, Evidence and Credibility, Duty to Investigate
Source Language
english
Employment Insurance Administrative Law Social Security Benefits Misconduct Disqualification Leave to Appeal Evidence and Credibility Duty to Investigate

Source-derived case record

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Parties

S. D.

Claimant

Canada Employment Insurance Commission

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether there is an arguable case that the General Division relied on false information from the employer
  2. 2 Whether there is an arguable case that the General Division failed in a duty to investigate the real reason for dismissal

Ratio Decidendi

Leave to appeal refused because the claimant failed to show an arguable case that the General Division relied on false employer information or had a duty to investigate; the General Division reasonably preferred the employer's consistent evidence and there was no evidence of fabrication or procedural error as required under s.58(1).

Court Disposition

Application for leave to appeal refused

Orders

  • Leave to appeal refused