Canada Employment Insurance Commission v ET

Canada Employment Insurance Commission v ET

Section 153.161 allows post‑payment verification of entitlement but does not permit the Commission to treat verification as a licence to delay making an initial entitlement decision; the General Division correctly so held. Applying that principle, the Commission failed to exercise its discretion judicially when it...

Source-derived case information.

Citation
2023 SST 196
Parties
Appellant: Canada Employment Insurance Commission; Respondent: E. T.
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
24 February 2023
Procedural Posture
Employment Insurance Appeal / Appeal Division Review of General Division Decision
Outcome
Appeal allowed in part: General Division’s legal assessment modified; Commission decision of Jan 19, 2022 rescinded for Sept 28, 2020 to Dec 15, 2020; matter remitted to General Division for determination of availability for Dec 16, 2020 to Sept 4, 2021.
Legal Topics
Availability for Work, Reconsideration, Verification of Entitlement, Interim Order (covid 19), Overpayment, Discretionary Powers, Finality of Administrative Decisions
Source Language
english
Employment Insurance Administrative Law Statutory Interpretation Tribunal Practice Availability for Work Reconsideration Verification of Entitlement Interim Order (covid 19) +3 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

Canada Employment Insurance Commission

Appellant

E. T.

Respondent

Procedural Posture

Employment Insurance Appeal / Appeal Division Review of General Division Decision

Legal Issues

  1. 1 Did the General Division misinterpret section 153.161 of the EI Act?
  2. 2 Were biweekly claimant reports decisions on entitlement?
  3. 3 Did the General Division fail to consider evidence meaningfully when determining automatic approvals were initial decisions?

Ratio Decidendi

Section 153.161 allows post‑payment verification of entitlement but does not permit the Commission to treat verification as a licence to delay making an initial entitlement decision; the General Division correctly so held. Applying that principle, the Commission failed to exercise its discretion judicially when it retroactively reconsidered the claimant's entitlement for Sept 28, 2020 to Dec 15, 2020 (initial decision of Oct 27, 2020 is reinstated). The Commission did exercise its discretion judicially for Dec 16, 2020 to Sept 4, 2021, so that period stands subject to further General Division fact‑finding on availability.

Court Disposition

Appeal allowed in part: General Division’s legal assessment modified; Commission decision of Jan 19, 2022 rescinded for Sept 28, 2020 to Dec 15, 2020; matter remitted to General Division for determination of availability for Dec 16, 2020 to Sept 4, 2021.

Orders

  • The appeal is allowed in part.
  • The Commission’s January 19, 2022 decision is rescinded with respect to the period Sept 28, 2020 to Dec 15, 2020 and the Commission’s initial decision of Oct 27, 2020 for that period is reinstated.