H. T. v. Canada Employment Insurance Commission

H. T. v. Canada Employment Insurance Commission

The appeal was dismissed because the Appellant failed to identify the specific statutory provision or establish a factual foundation for the s.7 Charter challenge, failed to comply with Tribunal pleading requirements (s.20), and therefore the Board's decision was correct and upheld.

Citation
2014 SSTAD 8
Parties
Appellant: H. T.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
17 February 2014
Procedural Posture
Employment Insurance / Appeal to the Office of the Umpire (appeal Division Decision)
Outcome
Appeal denied
Legal Topics
Charter S.7, Tribunal Jurisdiction, Pleadings Requirements, Standard of Review
Source Language
English
Employment Insurance Administrative Law Constitutional Law Social Security Charter S.7 Tribunal Jurisdiction Pleadings Requirements Standard of Review

Case Brief

Summary, issues, holding and outcome

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Parties

H. T.

Appellant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance / Appeal to the Office of the Umpire (appeal Division Decision)

Legal Issues

  1. 1 Whether the Employment Insurance Act infringes s.7 of the Charter by requiring new and re-entrants to have more insurable hours
  2. 2 Whether the Appellant established a sufficient factual foundation to bring a constitutional challenge
  3. 3 Whether the Appellant complied with Tribunal regulations (s.20) requiring specification of the impugned statutory provision and manner of Charter infringement

Ratio Decidendi

The appeal was dismissed because the Appellant failed to identify the specific statutory provision or establish a factual foundation for the s.7 Charter challenge, failed to comply with Tribunal pleading requirements (s.20), and therefore the Board's decision was correct and upheld.

Court Disposition

Appeal denied

Orders

  • Appeal dismissed
  • Board decision upheld