M. C. v. Canada Employment Insurance Commission

M. C. v. Canada Employment Insurance Commission

Leave to appeal was granted because the Applicant advanced arguments that fall within the statutory grounds of appeal and at least one of those arguments has a reasonable chance of success, which could possibly lead to reversal of the General Division decision.

Citation
2015 SSTAD 216
Parties
Applicant: M. C.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
17 February 2015
Procedural Posture
Employment Insurance (ei) Appeal / Leave to Appeal
Outcome
Leave to appeal granted to the Appeal Division of the Social Security Tribunal.
Legal Topics
Misconduct, Disqualification, Leave to Appeal, Grounds of Appeal, Natural Justice, Error of Law, Erroneous Finding of Fact
Source Language
English
Employment Insurance Administrative Law Social Security Misconduct Disqualification Leave to Appeal Grounds of Appeal Natural Justice +2 more

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Parties

M. C.

Applicant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance (ei) Appeal / Leave to Appeal

Legal Issues

  1. 1 Whether the appeal has a reasonable chance of success for leave to be granted
  2. 2 Whether the General Division erred in law by supporting a disqualification without a copy of the summary conviction
  3. 3 Whether the General Division made an erroneous finding of fact by overemphasizing the applicant's driving duties as a foreman

Ratio Decidendi

Leave to appeal was granted because the Applicant advanced arguments that fall within the statutory grounds of appeal and at least one of those arguments has a reasonable chance of success, which could possibly lead to reversal of the General Division decision.

Court Disposition

Leave to appeal granted to the Appeal Division of the Social Security Tribunal.

Orders

  • Leave to appeal to the Appeal Division granted