F. B. v. Canada Employment Insurance Commission

F. B. v. Canada Employment Insurance Commission

Leave to appeal was granted because the Applicant raised arguable questions—failure to consider medical evidence of paranoid schizophrenia and possible legal errors in applying precedent on new evidence and misconduct—that, if resolved for the Applicant, could lead to the setting aside of the General Division decision.

Source-derived case information.

Citation
2017 SSTADEI 273
Parties
Applicant: F. B.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
17 July 2017
Procedural Posture
Employment Insurance / Application for Leave to Appeal to Appeal Division
Outcome
Leave to appeal granted
Legal Topics
Misconduct, Leave to Appeal, Natural Justice, Admissibility of New Evidence, Contractual Implied Terms, Statutory Interpretation
Source Language
english
Employment Insurance Administrative Law Social Security Misconduct Leave to Appeal Natural Justice Admissibility of New Evidence Contractual Implied Terms +1 more

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Parties

F. B.

Applicant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance / Application for Leave to Appeal to Appeal Division

Legal Issues

  1. 1 Whether the appeal has a reasonable chance of success
  2. 2 Whether the General Division failed to observe a principle of natural justice by not accounting for medical evidence of paranoid schizophrenia
  3. 3 Whether the General Division erred in law by rejecting medical evidence and by relying on McEwing regarding admissibility of new evidence

Ratio Decidendi

Leave to appeal was granted because the Applicant raised arguable questions—failure to consider medical evidence of paranoid schizophrenia and possible legal errors in applying precedent on new evidence and misconduct—that, if resolved for the Applicant, could lead to the setting aside of the General Division decision.

Court Disposition

Leave to appeal granted

Orders

  • Leave to appeal to the Social Security Tribunal Appeal Division granted