L. A. v. Canada Employment Insurance Commission

L. A. v. Canada Employment Insurance Commission

Because the appellant credibly alleged he was misinformed by the Tribunal information line and there was a real possibility of breach of natural justice (right to be heard), the slightest suspicion of such breach required remanding the matter to the General Division for a new hearing.

Citation
2016 SSTADEI 184
Parties
Appellant: L. A.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
7 April 2016
Procedural Posture
Employment Insurance / Appeal Division Appeal Allowed
Outcome
Appeal allowed; file returned to the General Division for a new hearing; General Division decision of July 14, 2015 removed from the file.
Legal Topics
Reconsideration Request, Extension of Time, Natural Justice, Right to Be Heard
Source Language
English
Employment Law Administrative Law Social Security Benefits Reconsideration Request Extension of Time Natural Justice Right to Be Heard

Case Brief

Summary, issues, holding and outcome

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Parties

L. A.

Appellant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance / Appeal Division Appeal Allowed

Legal Issues

  1. 1 Whether the General Division erred in upholding the denial to extend the 30 day period to request reconsideration under section 112 of the Employment Insurance Act and the Reconsideration Request Regulations
  2. 2 Whether misinformation from the Tribunal information line amounted to a breach of natural justice/right to be heard
  3. 3 Whether a mere suspicion of breach of natural justice requires remand to the General Division

Ratio Decidendi

Because the appellant credibly alleged he was misinformed by the Tribunal information line and there was a real possibility of breach of natural justice (right to be heard), the slightest suspicion of such breach required remanding the matter to the General Division for a new hearing.

Court Disposition

Appeal allowed; file returned to the General Division for a new hearing; General Division decision of July 14, 2015 removed from the file.

Orders

  • Appeal granted.
  • File returned to the General Division (Employment Insurance Section) for a new hearing.