D. K. v. Canada Employment Insurance Commission

D. K. v. Canada Employment Insurance Commission

The Tribunal found the claimant's May 6, 2014 email withdrawing the appeal was received before the hearing, the Member was unaware and rendered a decision based on the mistaken material fact that the appeal remained active; under s.66 DESD Act a decision rendered based on a mistake of material fact may be rescinded, therefore decision GE-13-900 is rescinded.

Citation
2014 SSTGDEI 80
Parties
Claimant: D. K.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
29 July 2014
Procedural Posture
Employment Insurance Appeal / Decision on Application to Rescind or Amend Under S.66 DESD Act
Outcome
Decision in GE-13-900 rescinded under s.66 DESD Act
Legal Topics
Rescind or Amend Decision, Withdrawal of Appeal, Mistake of Material Fact, Procedural Notice
Source Language
English
Employment Insurance Administrative Law Tribunal Procedure Rescind or Amend Decision Withdrawal of Appeal Mistake of Material Fact Procedural Notice

Case Brief

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Parties

D. K.

Claimant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance Appeal / Decision on Application to Rescind or Amend Under S.66 DESD Act

Legal Issues

  1. 1 Whether decision GE-13-900 should be rescinded or amended under s.66 of the DESD Act
  2. 2 Whether the claimant's May 6, 2014 email withdrawing the appeal was effective prior to the May 13, 2014 hearing
  3. 3 Whether the Tribunal rendered its decision based on a mistake as to a material fact

Ratio Decidendi

The Tribunal found the claimant's May 6, 2014 email withdrawing the appeal was received before the hearing, the Member was unaware and rendered a decision based on the mistaken material fact that the appeal remained active; under s.66 DESD Act a decision rendered based on a mistake of material fact may be rescinded, therefore decision GE-13-900 is rescinded.

Court Disposition

Decision in GE-13-900 rescinded under s.66 DESD Act

Orders

  • The decision in GE-13-900 is rescinded.