Canada Employment Insurance Commission v. D. E.

Canada Employment Insurance Commission v. D. E.

The General Division lacked jurisdiction to determine the write-off issue because prevailing jurisprudence requires a refusal by the Commission on write-off requests to be subject to judicial review in the federal courts; the General Division could not rely on Stratas J.A.'s concurring reasoning in Steel as binding...

Source-derived case information.

Citation
2016 SSTADEI 318
Parties
Appellant: Canada Employment Insurance Commission; Respondent: D. E.
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
17 June 2016
Procedural Posture
Employment Insurance Appeal / Appeal Division Decision
Outcome
Appeal allowed; General Division decision on write-off set aside; Respondent's appeal before the General Division dismissed.
Legal Topics
Write Off of Overpayment, Jurisdiction, Overpayment, Standard of Review
Source Language
english
Employment Insurance Administrative Law Tribunal Jurisdiction Social Security Law Write Off of Overpayment Jurisdiction Overpayment Standard of Review

Source-derived case record

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Parties

Canada Employment Insurance Commission

Appellant

D. E.

Respondent

Procedural Posture

Employment Insurance Appeal / Appeal Division Decision

Legal Issues

  1. 1 Whether the General Division had jurisdiction to decide on write-off of an overpayment
  2. 2 Whether only the Commission may decide write-off requests under s.56(1)(f) of the Employment Insurance Regulations
  3. 3 Whether the General Division could rely on Justice Stratas' concurring reasons in Steel as binding authority

Ratio Decidendi

The General Division lacked jurisdiction to determine the write-off issue because prevailing jurisprudence requires a refusal by the Commission on write-off requests to be subject to judicial review in the federal courts; the General Division could not rely on Stratas J.A.'s concurring reasoning in Steel as binding authority; therefore the General Division's decision on write-off was set aside and the Respondent's appeal dismissed.

Court Disposition

Appeal allowed; General Division decision on write-off set aside; Respondent's appeal before the General Division dismissed.

Orders

  • Appeal granted
  • Decision of the General Division on the issue of write-off set aside