D. W. v. Canada Employment Insurance Commission

D. W. v. Canada Employment Insurance Commission

The application to rescind or amend was refused because the Workers' Compensation Board letter did not constitute a 'new fact' that could not have been discovered with reasonable diligence and was not material to the Appeal Division's discretionary decision on extending time or its assessment of an arguable case; accordingly s.66 DESDA did not authorize rescission or amendment.

Citation
2019 SST 516
Parties
Appellant: D. W.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
28 May 2019
Procedural Posture
Employment Insurance Appeal Under DESDA S.66 / Application to Rescind or Amend Appeal Division Decision (refused)
Outcome
Application to rescind or amend refused.
Legal Topics
Rescission and Amendment Under S.66 DESDA, New Facts Doctrine, Extension of Time, Leave to Appeal, Arguable Case
Source Language
English
Employment Insurance Administrative Law Social Security Tribunal Procedure Rescission and Amendment Under S.66 DESDA New Facts Doctrine Extension of Time Leave to Appeal +1 more

Case Brief

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Parties

D. W.

Appellant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance Appeal Under DESDA S.66 / Application to Rescind or Amend Appeal Division Decision (refused)

Legal Issues

  1. 1 Whether the claimant meets s.66 DESDA requirements to permit rescission or amendment of the Appeal Division decision
  2. 2 Whether the March 29, 2019 Workers' Compensation Board letter constitutes a 'new fact' under s.66(1)(a) DESDA
  3. 3 Whether the Appeal Division decision was made without knowledge of or based on a mistake as to some material fact

Ratio Decidendi

The application to rescind or amend was refused because the Workers' Compensation Board letter did not constitute a 'new fact' that could not have been discovered with reasonable diligence and was not material to the Appeal Division's discretionary decision on extending time or its assessment of an arguable case; accordingly s.66 DESDA did not authorize rescission or amendment.

Court Disposition

Application to rescind or amend refused.

Orders

  • Application to rescind or amend refused.