D. C. v. Canada Employment Insurance Commission

D. C. v. Canada Employment Insurance Commission

Leave to appeal was refused because the applicant failed to identify any ground under s.58(1) that had a reasonable chance of success; the General Division made credibility findings and factual conclusions based on the evidence which cannot be overturned by reweighing evidence on leave application.

Citation
2017 SSTADEI 119
Parties
Applicant: D. C.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
24 March 2017
Procedural Posture
Employment Insurance Appeal / Application for Leave to Appeal to the Appeal Division (leave Stage)
Outcome
Application for leave to appeal refused
Legal Topics
Misconduct, Leave to Appeal, Standard of Review, Evidence and Credibility, Natural Justice
Source Language
English
Employment Law Social Security Administrative Law Misconduct Leave to Appeal Standard of Review Evidence and Credibility Natural Justice

Case Brief

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Parties

D. C.

Applicant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance Appeal / Application for Leave to Appeal to the Appeal Division (leave Stage)

Legal Issues

  1. 1 Whether the appeal has a reasonable chance of success under s.58 of the DESD Act
  2. 2 Whether the General Division erred in law, in jurisdiction, or made perverse or capricious findings of fact

Ratio Decidendi

Leave to appeal was refused because the applicant failed to identify any ground under s.58(1) that had a reasonable chance of success; the General Division made credibility findings and factual conclusions based on the evidence which cannot be overturned by reweighing evidence on leave application.

Court Disposition

Application for leave to appeal refused

Orders

  • Application for leave to appeal refused