F. M. v. Canada Employment Insurance Commission and X

F. M. v. Canada Employment Insurance Commission and X

The application was refused because it was filed more than one year after the decision was deemed communicated (deemed received July 6, 2014), so the statutory conditions for rescission or amendment under the Department of Employment and Social Development Act were not met and the Tribunal lacked jurisdiction to...

Source-derived case information.

Citation
2019 SST 264
Parties
Appellant: F. M.; Respondent: Canada Employment Insurance Commission; Respondent/employer: X
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
28 February 2019
Procedural Posture
Employment Insurance Rescission/amendment Application / General Division Decision on Application to Rescind or Amend
Outcome
Application to rescind or amend refused.
Legal Topics
Rescission and Amendment of Decisions, Jurisdiction and Timeliness, Deemed Communication, Misconduct Disqualification
Source Language
english
Employment Insurance Administrative Law Social Security Law Rescission and Amendment of Decisions Jurisdiction and Timeliness Deemed Communication Misconduct Disqualification

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Parties

F. M.

Appellant

Canada Employment Insurance Commission

Respondent

X

Respondent/employer

Procedural Posture

Employment Insurance Rescission/amendment Application / General Division Decision on Application to Rescind or Amend

Legal Issues

  1. 1 Whether statutory conditions to consider an application to rescind or amend were met
  2. 2 Whether a new or material fact or a material mistake existed
  3. 3 Whether the original decision should be rescinded or amended

Ratio Decidendi

The application was refused because it was filed more than one year after the decision was deemed communicated (deemed received July 6, 2014), so the statutory conditions for rescission or amendment under the Department of Employment and Social Development Act were not met and the Tribunal lacked jurisdiction to rescind or amend.

Court Disposition

Application to rescind or amend refused.

Orders

  • The application to rescind or amend the decision is refused.