K. D. v. Canada Employment Insurance Commission

K. D. v. Canada Employment Insurance Commission

The Applicant failed to demonstrate any reviewable error under s.58(1); the General Division considered the illness evidence and found it did not preclude working, and because the application for leave to appeal had no reasonable chance of success the Appeal Division must refuse leave.

Source-derived case information.

Citation
2016 SSTADEI 515
Parties
Applicant: K. D.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
19 October 2016
Procedural Posture
Employment Insurance Appeal / Application for Leave to Appeal to the Appeal Division
Outcome
Application for leave to appeal refused
Legal Topics
Availability for Work, Leave to Appeal, Natural Justice, Erroneous Finding of Fact, Standard of Review
Source Language
english
Employment Law Administrative Law Social Security/benefits Availability for Work Leave to Appeal Natural Justice Erroneous Finding of Fact Standard of Review

Source-derived case record

Summary, issues, holding and outcome

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Parties

K. D.

Applicant

Canada Employment Insurance Commission

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the Applicant was available for work during the benefit period
  2. 2 Whether the General Division failed to observe a principle of natural justice
  3. 3 Whether the General Division erred in law or made a perverse or capricious finding of fact

Ratio Decidendi

The Applicant failed to demonstrate any reviewable error under s.58(1); the General Division considered the illness evidence and found it did not preclude working, and because the application for leave to appeal had no reasonable chance of success the Appeal Division must refuse leave.

Court Disposition

Application for leave to appeal refused

Orders

  • Leave to appeal refused