JB v Canada Employment Insurance Commission

JB v Canada Employment Insurance Commission

Leave to appeal refused because there was no arguable important error of fact: the General Division's finding that the claimant was suspended and dismissed for failing to comply with the employer's mandatory vaccination policy was supported by the evidence (policy, termination letter, multiple ROEs and claimant's own admissions), and disputed characterizations or a post‑hoc ROE change did not render the General Division's factual findings perverse, capricious or without regard to the material.

Citation
2023 SST 1201
Parties
Applicant: J. B.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
1 September 2023
Procedural Posture
Employment Insurance Leave to Appeal / Appeal Division Application for Leave to Appeal
Outcome
Leave to appeal refused
Legal Topics
Misconduct, Disentitlement and Disqualification, Vaccination Policy, Leave to Appeal, Standard of Review Error of Fact
Source Language
English
Employment Law Administrative Law Social Security Law Misconduct Disentitlement and Disqualification Vaccination Policy Leave to Appeal Standard of Review Error of Fact

Case Brief

Summary, issues, holding and outcome

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Parties

J. B.

Applicant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance Leave to Appeal / Appeal Division Application for Leave to Appeal

Legal Issues

  1. 1 Whether the General Division made an important error of fact in finding misconduct
  2. 2 Whether the Commission failed to investigate claimant's employer
  3. 3 Whether employer non-response affected the decision

Ratio Decidendi

Leave to appeal refused because there was no arguable important error of fact: the General Division's finding that the claimant was suspended and dismissed for failing to comply with the employer's mandatory vaccination policy was supported by the evidence (policy, termination letter, multiple ROEs and claimant's own admissions), and disputed characterizations or a post‑hoc ROE change did not render the General Division's factual findings perverse, capricious or without regard to the material.

Court Disposition

Leave to appeal refused

Orders

  • Leave (permission) to appeal is refused; the appeal will not proceed.