G. S. v. Canada Employment Insurance Commission

G. S. v. Canada Employment Insurance Commission

The application for leave to appeal is granted because the alleged interpreter mistranslation raises grounds that have a reasonable chance of success; however, the applicant must produce actual evidence specifying what was mistranslated, the correct translation, and how the mistranslation was material to the outcome.

Source-derived case information.

Citation
2015 SSTAD 1279
Parties
Applicant: G. S.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
2 November 2015
Procedural Posture
Employment Insurance (ei) Appeal / Application for Leave to Appeal to the Appeal Division
Outcome
Application for leave to appeal granted
Legal Topics
Interpreter/mistranslation, Natural Justice, Leave to Appeal
Source Language
english
Employment Insurance Administrative Law Social Security/benefits Interpreter/mistranslation Natural Justice Leave to Appeal

Source-derived case record

Summary, issues, holding and outcome

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Parties

G. S.

Applicant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance (ei) Appeal / Application for Leave to Appeal to the Appeal Division

Legal Issues

  1. 1 Whether the General Division relied on evidence that was mistranslated by an interpreter
  2. 2 Whether a mistranslation amounts to a failure to observe a principle of natural justice
  3. 3 Whether the alleged mistranslation gives the appeal a reasonable chance of success for leave purposes

Ratio Decidendi

The application for leave to appeal is granted because the alleged interpreter mistranslation raises grounds that have a reasonable chance of success; however, the applicant must produce actual evidence specifying what was mistranslated, the correct translation, and how the mistranslation was material to the outcome.

Court Disposition

Application for leave to appeal granted

Orders

  • Leave to appeal granted
  • Applicant required to submit evidence detailing the alleged mistranslation, correct translations and how it was material to the decision