YL v Canada Employment Insurance Commission

YL v Canada Employment Insurance Commission

Permission to appeal was refused because the appellant did not raise an arguable case with a reasonable chance of success: the General Division correctly found it lacked jurisdiction to decide a write-off where the Commission had made no initial or reconsideration decision on write-off, and its conclusion is supported by the relevant statutory scheme and Federal Court authority.

Citation
2022 SST 464
Parties
Applicant/claimant: Y. L.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
3 June 2022
Procedural Posture
Employment Insurance Leave to Appeal / Permission to Appeal (step One)
Outcome
Permission to appeal refused; appeal will not proceed
Legal Topics
Overpayment, Availability for Work, Jurisdiction, Leave to Appeal, Write Off of Overpayment
Source Language
English
Employment Insurance Administrative Law Social Security Overpayment Availability for Work Jurisdiction Leave to Appeal Write Off of Overpayment

Case Brief

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Parties

Y. L.

Applicant/claimant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance Leave to Appeal / Permission to Appeal (step One)

Legal Issues

  1. 1 Whether the General Division erred in finding it lacked jurisdiction to decide the write-off of an overpayment
  2. 2 Whether the appellant raised an arguable case meeting the permission to appeal test under section 58(2) of the DESD Act

Ratio Decidendi

Permission to appeal was refused because the appellant did not raise an arguable case with a reasonable chance of success: the General Division correctly found it lacked jurisdiction to decide a write-off where the Commission had made no initial or reconsideration decision on write-off, and its conclusion is supported by the relevant statutory scheme and Federal Court authority.

Court Disposition

Permission to appeal refused; appeal will not proceed

Orders

  • Permission to appeal is refused.
  • The appeal is dismissed at the permission stage and the file closed.