H. D. v. Canada Employment Insurance Commission

H. D. v. Canada Employment Insurance Commission

Leave to appeal was granted because the Applicant identified reasons that fall within the statutory grounds of appeal and the Appeal Division is satisfied at least one of those reasons has a reasonable chance of success, which could lead to reversal of the General Division decision.

Citation
2017 SSTADEI 110
Parties
Applicant: H. D.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
17 March 2017
Procedural Posture
Employment Insurance Leave to Appeal / Application for Leave to Appeal to the Appeal Division After General Division Decision
Outcome
Leave to appeal granted
Legal Topics
Misconduct, Leave to Appeal, Grounds of Appeal, Natural Justice, Error of Law, Erroneous Finding of Fact
Source Language
English
Employment Insurance Administrative Law Social Security Misconduct Leave to Appeal Grounds of Appeal Natural Justice Error of Law +1 more

Case Brief

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Parties

H. D.

Applicant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance Leave to Appeal / Application for Leave to Appeal to the Appeal Division After General Division Decision

Legal Issues

  1. 1 Whether the appeal has a reasonable chance of success under the DESD Act leave test
  2. 2 Whether the General Division misapplied the employer's drug and alcohol policy or found impairment without evidence
  3. 3 Whether the Applicant's marijuana use outside work and absence of impairment at work preclude a finding of misconduct under ss 29 and 30 of the Employment Insurance Act

Ratio Decidendi

Leave to appeal was granted because the Applicant identified reasons that fall within the statutory grounds of appeal and the Appeal Division is satisfied at least one of those reasons has a reasonable chance of success, which could lead to reversal of the General Division decision.

Court Disposition

Leave to appeal granted

Orders

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