J. B. v. Canada Employment Insurance Commission
The record indicates the Board may not have made necessary findings of fact or applied the correct legal test regarding penalty and notice of violation; therefore the application for leave to appeal has a reasonable chance of success and leave is granted.
Source-derived case information.
- Citation
- 2015 SSTAD 543
- Parties
- Appellant: J. B.; Respondent: Canada Employment Insurance Commission
- Court
- Social Security Tribunal of Canada
- Jurisdiction
- Canada
- Judgment Date
- 4 May 2015
- Procedural Posture
- Employment Insurance / Application for Leave to Appeal
- Outcome
- Application for leave to appeal granted
- Legal Topics
- Leave to Appeal, Natural Justice, Error of Law, Erroneous Finding of Fact, Penalty and Notice of Violation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
J. B.
Appellant
Canada Employment Insurance Commission
Respondent
Procedural Posture
Employment Insurance / Application for Leave to Appeal
Legal Issues
- 1 Whether leave to appeal should be granted
- 2 Whether the Board failed to observe a principle of natural justice or acted beyond/refused to exercise its jurisdiction
- 3 Whether the Board erred in law or based its decision on an erroneous finding of fact
Ratio Decidendi
The record indicates the Board may not have made necessary findings of fact or applied the correct legal test regarding penalty and notice of violation; therefore the application for leave to appeal has a reasonable chance of success and leave is granted.
Court Disposition
Application for leave to appeal granted
Orders
- Leave to appeal granted.
Full Case Text
Judgment text and source record
1 paragraphs
J. B. v. Canada Employment Insurance Commission Collection Employment Insurance (EI) Decision date 2015-05-04 Neutral citation 2015 SSTAD 543 Reference number AD-13-309 Member Mark Borer Division Appeal Division Decision Application for leave to appeal granted Related decisions SST - J. B. v. Canada Employment Insurance Commission - 2015 SSTAD 1214 - 2015-10-14 - Appeal Division Decision Content On this page Decision Decision [1] On August 1, 2013, a panel of the board of referees (the Board) determined that the appeal of the Appellant from the previous determination of the Commission should be dismissed. In due course, the Appellant 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 Appellant submits only that he did not make any false statements, and that he wants his name cleared. [5] Although I make no findings on the matter, I note that on the face of the record the Board does not appear to have made findings of fact or stated and applied the proper legal test with regard to the penalty and notice of violation, and may thereby have erred. [6] I therefore find that this application has a reasonable chance of success. For that reason, this application for leave to appeal must be granted.