D. L. C. v. B. T. and Canada Employment Insurance Commission

D. L. C. v. B. T. and Canada Employment Insurance Commission

The Board's failure to provide full written reasons and to analyze credibility where two conflicting versions of events existed constituted an error of law and an infringement of natural justice and jurisdiction; accordingly the appeal is allowed and the matter is remitted to the General Division for reconsideration.

Citation
2014 SSTAD 13
Parties
Appellant: D. L. C.; Respondent Claimant: B. T.; Respondent Commission: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
11 March 2014
Procedural Posture
Employment Insurance Appeal (social Security Tribunal Appeal Division) / Appeal Decision Remitting Matter to General Division for Reconsideration
Outcome
Appeal allowed; matter returned to the General Division for reconsideration.
Legal Topics
Misconduct, Credibility Findings, Reasons for Decision, Natural Justice, Standard of Review, Jurisdiction
Source Language
English
Employment Insurance Administrative Law Tribunal Procedure Misconduct Credibility Findings Reasons for Decision Natural Justice Standard of Review +1 more

Case Brief

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Parties

D. L. C.

Appellant

B. T.

Respondent Claimant

Canada Employment Insurance Commission

Respondent Commission

Procedural Posture

Employment Insurance Appeal (social Security Tribunal Appeal Division) / Appeal Decision Remitting Matter to General Division for Reconsideration

Legal Issues

  1. 1 Whether the Board of Referees failed to provide adequate written reasons
  2. 2 Whether the Board failed to properly assess credibility of conflicting evidence
  3. 3 Whether the Board erred in law or exceeded its jurisdiction by failing to give reasons

Ratio Decidendi

The Board's failure to provide full written reasons and to analyze credibility where two conflicting versions of events existed constituted an error of law and an infringement of natural justice and jurisdiction; accordingly the appeal is allowed and the matter is remitted to the General Division for reconsideration.

Court Disposition

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

Orders

  • Appeal allowed
  • Matter returned to the General Division for reconsideration