K. C. v. Canada Employment Insurance Commission

K. C. v. Canada Employment Insurance Commission

Leave to appeal was granted because the Applicant raised an arguable legal ground that the General Division erred in law in its characterization of her substitute teaching under s.33(2)(b), and because the effect of a brief period of substitute teaching within the qualifying period raised a non-frivolous legal issue warranting appeal on the merits.

Citation
2017 SSTADEI 399
Parties
Applicant: K. C.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
17 November 2017
Procedural Posture
Employment Insurance / Leave to Appeal
Outcome
Leave to appeal granted
Legal Topics
Employment Insurance Regulations S.33(2) Teaching Exception, Casual or Substitute Employment Definition, Contract Termination and Limited Term Contracts, Leave to Appeal Standard
Source Language
English
Employment Insurance Administrative Law Social Security Employment Insurance Regulations S.33(2) Teaching Exception Casual or Substitute Employment Definition Contract Termination and Limited Term Contracts Leave to Appeal Standard

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Parties

K. C.

Applicant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance / Leave to Appeal

Legal Issues

  1. 1 Whether the Applicant’s employment met the exception in s.33(2)(b) as casual or substitute teaching
  2. 2 Whether the Applicant’s limited-term contract terminated for purposes of s.33(2)(a)
  3. 3 Whether a brief period of substitute teaching within the qualifying period defeats entitlement when otherwise employed as a teacher

Ratio Decidendi

Leave to appeal was granted because the Applicant raised an arguable legal ground that the General Division erred in law in its characterization of her substitute teaching under s.33(2)(b), and because the effect of a brief period of substitute teaching within the qualifying period raised a non-frivolous legal issue warranting appeal on the merits.

Court Disposition

Leave to appeal granted

Orders

  • Application for leave to appeal granted.
  • Parties are invited to file submissions addressing whether a brief period of substitute teaching affects entitlement under s.33(2), whether the Applicant’s limited-term contract terminated for purposes of s.33(2)(a), and the significance of supplemental earnings and school year start dates.