ME v Canada Employment Insurance Commission

ME v Canada Employment Insurance Commission

Application refused because claimant did not present new facts within the Chan test, did not show the Appeal Division decision was made without knowledge of or based on a mistake as to a material fact, and the application was an improper attempt to re-argue a leave to appeal decision which s.66 does not permit.

Citation
2019 SST 313
Parties
Appellant: M. E.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
1 April 2019
Procedural Posture
Employment Insurance / Application to Rescind or Amend Under S.66 DESD Act Following Appeal Division Refusal of Leave to Appeal
Outcome
Application to rescind or amend refused.
Legal Topics
Rescission/amendment of Tribunal Decision, Leave to Appeal, New Facts Test, Section 66 DESD Act
Source Language
English
Employment Insurance Administrative Law Rescission/amendment of Tribunal Decision Leave to Appeal New Facts Test Section 66 DESD Act

Case Brief

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Parties

M. E.

Appellant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance / Application to Rescind or Amend Under S.66 DESD Act Following Appeal Division Refusal of Leave to Appeal

Legal Issues

  1. 1 Whether information supplied constitutes 'new facts' under s.66(1)(a) DESD Act
  2. 2 Whether the decision was made without knowledge of, or based on a mistake as to, a material fact
  3. 3 Whether s.66 may be used to re-argue a leave to appeal decision

Ratio Decidendi

Application refused because claimant did not present new facts within the Chan test, did not show the Appeal Division decision was made without knowledge of or based on a mistake as to a material fact, and the application was an improper attempt to re-argue a leave to appeal decision which s.66 does not permit.

Court Disposition

Application to rescind or amend refused.

Orders

  • Application to rescind or amend the Appeal Division leave to appeal decision of May 29, 2018 is refused.