DC v Canada Employment Insurance Commission

DC v Canada Employment Insurance Commission

The appeal is allowed and the matter is remitted because the General Division breached natural justice by issuing its decision before the 30-day filing period expired, thereby depriving the Claimant of the opportunity to submit and have considered timely documents; remittal for redetermination is the appropriate remedy.

Citation
2023 SST 379
Parties
Appellant: D. C.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
4 April 2023
Procedural Posture
Employment Insurance Appeal / Appeal Division Decision Remitting Matter to General Division for Redetermination
Outcome
Appeal allowed; matter returned to the General Division for redetermination.
Legal Topics
Rescind or Amend Application, Natural Justice, Procedural Fairness, Remand/redetermination, Disentitlement for Misconduct
Source Language
English
Employment Insurance Administrative Law Social Security Law Procedural Fairness Rescind or Amend Application Natural Justice Remand/redetermination Disentitlement for Misconduct

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Parties

D. C.

Appellant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance Appeal / Appeal Division Decision Remitting Matter to General Division for Redetermination

Legal Issues

  1. 1 Whether the General Division breached natural justice by issuing its decision before the expiry of the 30-day filing period
  2. 2 Whether the General Division failed to consider documents filed by the Claimant within the 30-day period
  3. 3 Whether the General Division erred in law in finding the Claimant was suspended for misconduct (not finally decided on appeal)

Ratio Decidendi

The appeal is allowed and the matter is remitted because the General Division breached natural justice by issuing its decision before the 30-day filing period expired, thereby depriving the Claimant of the opportunity to submit and have considered timely documents; remittal for redetermination is the appropriate remedy.

Court Disposition

Appeal allowed; matter returned to the General Division for redetermination.

Orders

  • Appeal allowed.
  • Matter returned to the General Division for redetermination of the Claimant's application to rescind or amend the General Division decision of October 21, 2022.