TP c Commission de l’assurance-emploi du Canada

TP c Commission de l’assurance-emploi du Canada

The General Division committed a reviewable error of procedural fairness by failing to allow a witness who had been designated to testify and potentially had direct, relevant evidence; because the member did not probe the relevance of the proposed testimony and thereby impaired the claimant's right to present her...

Source-derived case information.

Citation
2025 TSS 89
Parties
Appellant/claimant: T. P.; Respondent: Commission de l’assurance-emploi du Canada
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
5 February 2025
Procedural Posture
Employment Insurance Appeal / Appeal to Appeal Division
Outcome
Appeal allowed; matter remanded to the General Division for reconsideration by another member.
Legal Topics
Misconduct, Procedural Fairness, Admissibility of Witness Evidence, Remand for Reconsideration
Source Language
french
Employment Insurance Administrative Law Tribunal Procedure Misconduct Procedural Fairness Admissibility of Witness Evidence Remand for Reconsideration

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Parties

T. P.

Appellant/claimant

Commission de l’assurance-emploi du Canada

Respondent

Procedural Posture

Employment Insurance Appeal / Appeal to Appeal Division

  1. 1 Whether the General Division failed to ensure procedural fairness by refusing to hear the mother's testimony
  2. 2 Whether the claimant lost employment for misconduct
  3. 3 Whether the appropriate remedy is remand or substitution of decision

Ratio Decidendi

The General Division committed a reviewable error of procedural fairness by failing to allow a witness who had been designated to testify and potentially had direct, relevant evidence; because the member did not probe the relevance of the proposed testimony and thereby impaired the claimant's right to present her case, the Appeal Division must remit the matter to the General Division for rehearing by another member.

Court Disposition

Appeal allowed; matter remanded to the General Division for reconsideration by another member.

Orders

  • Appeal allowed.
  • Matter remanded to the General Division for rehearing/reconsideration by a different member.