Canada Employment Insurance Commission v. D. D.

Canada Employment Insurance Commission v. D. D.

The General Division exceeded its jurisdiction by determining the insurability of employment and the quantum of insurable hours; pursuant to s.90(1) of the Employment Insurance Act only the CRA can make such rulings, therefore the General Division decision must be rescinded and the Respondent's appeal before the General Division dismissed.

Citation
2017 SSTADEI 63
Parties
Applicant: Canada Employment Insurance Commission; Respondent: D. D.
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
16 February 2017
Procedural Posture
Employment Insurance / Appeal Division (leave Granted; Hearing)
Outcome
Appeal allowed; General Division decision rescinded; Respondent's appeal before the General Division dismissed
Legal Topics
Insurability, Insurable Hours, Jurisdiction, Standard of Review, Remit to Agency
Source Language
English
Administrative Law Employment Insurance Social Security Insurability Insurable Hours Jurisdiction Standard of Review Remit to Agency

Case Brief

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Parties

Canada Employment Insurance Commission

Applicant

D. D.

Respondent

Procedural Posture

Employment Insurance / Appeal Division (leave Granted; Hearing)

Legal Issues

  1. 1 Whether the General Division erred in concluding the Respondent had sufficient hours of insurable employment under s.7 of the Employment Insurance Act
  2. 2 Whether the General Division exceeded its jurisdiction by determining insurability and the quantum of insured hours instead of referring the matter to the Canada Revenue Agency (CRA)
  3. 3 Whether the Appeal Division should defer to the General Division on questions of fact or law

Ratio Decidendi

The General Division exceeded its jurisdiction by determining the insurability of employment and the quantum of insurable hours; pursuant to s.90(1) of the Employment Insurance Act only the CRA can make such rulings, therefore the General Division decision must be rescinded and the Respondent's appeal before the General Division dismissed.

Court Disposition

Appeal allowed; General Division decision rescinded; Respondent's appeal before the General Division dismissed

Orders

  • The appeal is allowed; the decision of the General Division dated July 21, 2016 is rescinded; the appeal of the Respondent before the General Division is dismissed.