Kalum Construction Ltd. v. D. L. and Canada Employment Insurance Commission

Kalum Construction Ltd. v. D. L. and Canada Employment Insurance Commission

The appeal is allowed and the matter is remitted to the General Division for a new hearing because the General Division/Board breached the Appellant's right to be heard (audi alteram partem), and a rehearing is required to allow the parties to present evidence.

Citation
2015 SSTAD 1030
Parties
Appellant: Kalum Construction Ltd.; Respondent Claimant: D. L.; Respondent Commission: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
28 August 2015
Procedural Posture
Employment Insurance Appeal / Appeal Division — Leave to Appeal Granted; Remitted to General Division for Rehearing
Outcome
Appeal allowed; decision of the Board/General Division set aside and remitted to the General Division for reconsideration
Legal Topics
Natural Justice, Audi Alteram Partem, Leave to Appeal, Remittal to Lower Tribunal, Procedural Fairness
Source Language
English
Administrative Law Employment Insurance Tribunal Procedure Natural Justice Audi Alteram Partem Leave to Appeal Remittal to Lower Tribunal Procedural Fairness

Case Brief

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Parties

Kalum Construction Ltd.

Appellant

D. L.

Respondent Claimant

Canada Employment Insurance Commission

Respondent Commission

Procedural Posture

Employment Insurance Appeal / Appeal Division — Leave to Appeal Granted; Remitted to General Division for Rehearing

Legal Issues

  1. 1 Whether the General Division/Board breached the principle of natural justice by denying the Appellant an opportunity to be heard
  2. 2 Whether the Appeal Division should dismiss, substitute, vary, or refer the decision back to the General Division
  3. 3 What is the appropriate mode of hearing given the need for parties to present evidence

Ratio Decidendi

The appeal is allowed and the matter is remitted to the General Division for a new hearing because the General Division/Board breached the Appellant's right to be heard (audi alteram partem), and a rehearing is required to allow the parties to present evidence.

Court Disposition

Appeal allowed; decision of the Board/General Division set aside and remitted to the General Division for reconsideration

Orders

  • Appeal allowed
  • File referred back to the General Division for rehearing and determination in accordance with the principle of audi alteram partem