LL v Canada Employment Insurance Commission

LL v Canada Employment Insurance Commission

Although the interpretation errors were minor and not materially determinative on their face, they could have coloured the General Division's impression of the Claimant and led to adverse credibility findings; therefore the hearing was unfair and the appeal is allowed, with the matter returned to a different General Division member for reconsideration and provision of a different interpreter.

Citation
2021 SST 683
Parties
Appellant / Claimant: L. L.; Respondent / Commission: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
23 June 2021
Procedural Posture
Employment Insurance / Appeal Division Appeal Allowed; Remitted to General Division for Reconsideration
Outcome
Appeal allowed; matter returned to General Division for reconsideration with directions
Legal Topics
Interpreter Accuracy, Credibility Findings, Reconsideration, Remittal, Cancellation of Benefits, Warning and Overpayment
Source Language
English
Employment Insurance Administrative Law Tribunal Procedure Procedural Fairness Interpreter Accuracy Credibility Findings Reconsideration Remittal +2 more

Case Brief

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Parties

L. L.

Appellant / Claimant

Canada Employment Insurance Commission

Respondent / Commission

Procedural Posture

Employment Insurance / Appeal Division Appeal Allowed; Remitted to General Division for Reconsideration

Legal Issues

  1. 1 Whether the Claimant received a fair hearing due to alleged faulty interpretation
  2. 2 Whether interpretation discrepancies could have affected credibility findings
  3. 3 Whether the Appeal Division should substitute the General Division decision or remit the matter for reconsideration

Ratio Decidendi

Although the interpretation errors were minor and not materially determinative on their face, they could have coloured the General Division's impression of the Claimant and led to adverse credibility findings; therefore the hearing was unfair and the appeal is allowed, with the matter returned to a different General Division member for reconsideration and provision of a different interpreter.

Court Disposition

Appeal allowed; matter returned to General Division for reconsideration with directions

Orders

  • Allow the appeal
  • Return the matter to a different member of the General Division for reconsideration