G. W. v. Canada Employment Insurance Commission
Leave to appeal is granted because the application presents a reasonable chance of success given the apparent inconsistency in the General Division decision (the record reflects an increase to the applicant's benefit rate consistent with a favourable CRA insurability ruling despite a dismissal statement), warranting...
Source-derived case information.
- Citation
- 2015 SSTAD 1185
- Parties
- Applicant: G. W.; Respondent: Canada Employment Insurance Commission
- Court
- Social Security Tribunal of Canada
- Jurisdiction
- Canada
- Judgment Date
- 5 October 2015
- Procedural Posture
- Employment Insurance / Application for Leave to Appeal to the Appeal Division
- Outcome
- Application for leave to appeal granted
- Legal Topics
- Leave to Appeal, Grounds of Appeal, Natural Justice, Error in Law, Insurability
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
G. W.
Applicant
Canada Employment Insurance Commission
Respondent
Procedural Posture
Employment Insurance / Application for Leave to Appeal to the Appeal Division
Legal Issues
- 1 Whether leave to appeal should be granted
- 2 Whether the General Division erred in law or acted beyond its jurisdiction
- 3 Whether the General Division's decision contains an internal inconsistency regarding insurability and benefit rate increase
Ratio Decidendi
Leave to appeal is granted because the application presents a reasonable chance of success given the apparent inconsistency in the General Division decision (the record reflects an increase to the applicant's benefit rate consistent with a favourable CRA insurability ruling despite a dismissal statement), warranting appellate review.
Court Disposition
Application for leave to appeal granted
Orders
- Leave to appeal to the Appeal Division is granted.
Full Case Text
Judgment text and source record
1 paragraphs
G. W. v. Canada Employment Insurance Commission Collection Employment Insurance (EI) Decision date 2015-10-05 Neutral citation 2015 SSTAD 1185 Reference number AD-15-1030 Member Mark Borer Division Appeal Division Decision Application for leave to appeal granted Related decisions SST - G. W. v. Canada Employment Insurance Commission - 2016 SSTADEI 182 - 2016-04-06 - Appeal Division Decision Content On this page Decision Decision [1] On August 14, 2015, a member of the General Division determined that the Applicant’s appeal should be dismissed. In due course, the Applicant filed an application for leave to appeal to the Appeal Division. [2] Subsection 58(1) of the Department of Employment and Social Development Act states that the only grounds of appeal are that: (a) The General Division failed to observe a principle of natural justice or otherwise acted beyond or refused to exercise its jurisdiction; (b) The General Division erred in law in making its decision, whether or not the error appears on the face of the record; or (c) The General Division based its decision on an erroneous finding of fact that it made in a perverse or capricious manner or without regard for the material before it. [3] The Act also states that leave to appeal is to be refused if the appeal has “no reasonable chance of success”. [4] The Applicant submits that he does not understand why his appeal was dismissed, as he received an insurability ruling from the Canada Revenue Agency in his favour. [5] Although I make no findings on the matter, I note that on the face of the record the General Division member found that in accordance with the above insurability ruling the Applicant’s benefit rate should be increased. It therefore follows that the General Division member may have actually intended to allow the Applicant’s appeal, even though the decision stated that the appeal was dismissed. [6] At the very least, this application has a reasonable chance of success and leave to appeal must be granted.