AF v Canada Employment Insurance Commission

AF v Canada Employment Insurance Commission

Leave to appeal refused because the applicant failed to establish an arguable error: the General Division correctly applied the EI Act and Regulations in using the region of ordinary residence at the time of claim to calculate weeks of entitlement, found no breach of procedural fairness, and properly declined to rule on CERB entitlement where no reconsideration decision existed so as to confer jurisdiction.

Citation
2020 SST 615
Parties
Claimant/applicant: A. F.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
20 July 2020
Procedural Posture
Employment Insurance Leave to Appeal / Appeal Division Decision on Application for Leave to Appeal
Outcome
Application for leave to appeal refused.
Legal Topics
Weeks of Entitlement, Ordinary Residence, Reconsideration, Procedural Fairness (natural Justice), Canada Emergency Response Benefit (cerb)
Source Language
English
Employment Insurance Administrative Law Social Security Law Weeks of Entitlement Ordinary Residence Reconsideration Procedural Fairness (natural Justice) Canada Emergency Response Benefit (cerb)

Case Brief

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Parties

A. F.

Claimant/applicant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance Leave to Appeal / Appeal Division Decision on Application for Leave to Appeal

Legal Issues

  1. 1 Whether the General Division failed to observe principles of natural justice
  2. 2 Whether the General Division erred in law in its interpretation of "ordinarily resident" for determining the regional unemployment rate used to calculate weeks of EI benefits
  3. 3 Whether the General Division failed to exercise jurisdiction by not deciding entitlement to CERB

Ratio Decidendi

Leave to appeal refused because the applicant failed to establish an arguable error: the General Division correctly applied the EI Act and Regulations in using the region of ordinary residence at the time of claim to calculate weeks of entitlement, found no breach of procedural fairness, and properly declined to rule on CERB entitlement where no reconsideration decision existed so as to confer jurisdiction.

Court Disposition

Application for leave to appeal refused.

Orders

  • The application for leave to appeal is refused.