D. D. v. Canada Employment Insurance Commission

D. D. v. Canada Employment Insurance Commission

Leave to appeal was refused because the applicant failed to identify any ground under subsection 58(1) of the DESD Act and the Appeal Division was not satisfied the appeal had a reasonable chance of success given the General Division's finding that the applicant lost employment due to his own misconduct supported by the evidence.

Citation
2015 SSTAD 1081
Parties
Applicant: D. D.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
13 September 2015
Procedural Posture
Employment Insurance / Application for Leave to Appeal to the Appeal Division
Outcome
Application for leave to appeal refused
Legal Topics
Misconduct, Leave to Appeal, Constructive Dismissal, Natural Justice, Jurisdiction, Error of Law, Erroneous Finding of Fact
Source Language
English
Employment Insurance Administrative Law Labour Law Misconduct Leave to Appeal Constructive Dismissal Natural Justice Jurisdiction +2 more

Case Brief

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Parties

D. D.

Applicant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance / Application for Leave to Appeal to the Appeal Division

Legal Issues

  1. 1 Whether the appeal has a reasonable chance of success under the DESD Act
  2. 2 Whether the General Division failed to observe a principle of natural justice or acted beyond or refused to exercise its jurisdiction
  3. 3 Whether the General Division erred in law

Ratio Decidendi

Leave to appeal was refused because the applicant failed to identify any ground under subsection 58(1) of the DESD Act and the Appeal Division was not satisfied the appeal had a reasonable chance of success given the General Division's finding that the applicant lost employment due to his own misconduct supported by the evidence.

Court Disposition

Application for leave to appeal refused

Orders

  • Application for leave to appeal refused