L. D. v. Canada Employment Insurance Commission

L. D. v. Canada Employment Insurance Commission

The Appeal Division found the General Division made erroneous findings of fact (misapprehended the filing date and wrongly found no continuing intention to pursue the appeal), mechanically applied the Gattellaro factors without applying the overriding consideration of the interests of justice and failed to provide adequate reasons; accordingly the appeal was allowed and the matter was referred back to the General Division for reconsideration on the merits.

Citation
2016 SSTADEI 119
Parties
Appellant (claimant): L. D.; Respondent (commission): Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
1 March 2016
Procedural Posture
Employment Insurance Collection / Appeal Division Review of General Division Refusal to Grant Extension of Time; Matter Referred to General Division for Reconsideration
Outcome
Appeal allowed; matter referred to the General Division for reconsideration
Legal Topics
Extension of Time, Leave to Appeal, Reconsideration, Allocation of Earnings, Reasons for Decision
Source Language
English
Employment Insurance Administrative Law Tribunal Procedure Statutory Interpretation Extension of Time Leave to Appeal Reconsideration Allocation of Earnings +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

L. D.

Appellant (claimant)

Canada Employment Insurance Commission

Respondent (commission)

Procedural Posture

Employment Insurance Collection / Appeal Division Review of General Division Refusal to Grant Extension of Time; Matter Referred to General Division for Reconsideration

Legal Issues

  1. 1 Whether the General Division erred in law in refusing an extension of time to file an appeal
  2. 2 Whether the General Division made erroneous findings of fact regarding the date the Notice of Appeal was filed and the claimant's continuing intention to pursue the appeal
  3. 3 Whether the General Division misapplied the Gattellaro factors and failed to apply the overriding consideration of the interests of justice

Ratio Decidendi

The Appeal Division found the General Division made erroneous findings of fact (misapprehended the filing date and wrongly found no continuing intention to pursue the appeal), mechanically applied the Gattellaro factors without applying the overriding consideration of the interests of justice and failed to provide adequate reasons; accordingly the appeal was allowed and the matter was referred back to the General Division for reconsideration on the merits.

Court Disposition

Appeal allowed; matter referred to the General Division for reconsideration

Orders

  • Appeal allowed
  • Refer matter back to the General Division for reconsideration