D. G. v. Canada Employment Insurance Commission

D. G. v. Canada Employment Insurance Commission

The Tribunal held the Commission's request to summarily dismiss the appeal must be refused because the summary dismissal process under the Regulations is initiated by the Tribunal and the Appellant's filed factum met the minimum requirements set out in the Tribunal's order; the material did not demonstrate that the appeal was plainly hopeless or had no reasonable chance of success. The Tribunal therefore denied dismissal on the merits and granted the Commission a 45 day extension to file its factum.

Citation
2017 SSTGDEI 22
Parties
Appellant: D. G.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
20 February 2017
Procedural Posture
Employment Insurance — Charter Challenge / Preliminary Dismissal Motion (interlocutory Decision)
Outcome
Primary request for dismissal refused; Respondent granted extension of time to file factum
Legal Topics
Charter S.15 Equality, Summary Dismissal, Procedural Fairness, Extension of Time
Source Language
English
Employment Insurance Administrative Law Constitutional Law Tribunal Procedure Charter S.15 Equality Summary Dismissal Procedural Fairness Extension of Time

Case Brief

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Parties

D. G.

Appellant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance — Charter Challenge / Preliminary Dismissal Motion (interlocutory Decision)

Legal Issues

  1. 1 Whether a party may request summary dismissal or only the Tribunal may initiate summary dismissal under the Social Security Tribunal Regulations
  2. 2 Whether the appeal has no reasonable chance of success under s.53 of the Department of Employment and Social Development Act
  3. 3 Whether the Appellant complied with the Tribunal's order to file necessary materials to support a constitutional challenge to subsection 21(3) of the Employment Insurance Act

Ratio Decidendi

The Tribunal held the Commission's request to summarily dismiss the appeal must be refused because the summary dismissal process under the Regulations is initiated by the Tribunal and the Appellant's filed factum met the minimum requirements set out in the Tribunal's order; the material did not demonstrate that the appeal was plainly hopeless or had no reasonable chance of success. The Tribunal therefore denied dismissal on the merits and granted the Commission a 45 day extension to file its factum.

Court Disposition

Primary request for dismissal refused; Respondent granted extension of time to file factum

Orders

  • Primary request for dismissal refused
  • Respondent granted 45 additional days from notification to file its factum