BG v Canada Employment Insurance Commission

BG v Canada Employment Insurance Commission

Leave to appeal was refused because the claimant did not establish an arguable case under s.58(1) DESDA: he did not demonstrate that the General Division erred, he did not raise the cancellation issue before the General Division, the General Division lacked jurisdiction absent a Commission reconsideration decision, and any remedy would be moot given CERB's closed retroactive application window.

Citation
2021 SST 70
Parties
Applicant / Claimant: B. G.; Respondent / Commission: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
23 February 2021
Procedural Posture
Employment Insurance / Leave to Appeal
Outcome
Application to the Appeal Division refused
Legal Topics
Misconduct, Disqualification, CERB Eligibility, Jurisdiction, Mootness, Reconsideration
Source Language
English
Employment Insurance Administrative Law Social Security Misconduct Disqualification CERB Eligibility Jurisdiction Mootness +1 more

Case Brief

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Parties

B. G.

Applicant / Claimant

Canada Employment Insurance Commission

Respondent / Commission

Procedural Posture

Employment Insurance / Leave to Appeal

Legal Issues

  1. 1 Whether the General Division failed to decide whether the Commission should have cancelled the claimant's EI application
  2. 2 Whether the General Division lacked jurisdiction because the Commission did not issue a reconsideration decision
  3. 3 Whether the appeal is moot because CERB retroactive applications closed before any remedy could be granted

Ratio Decidendi

Leave to appeal was refused because the claimant did not establish an arguable case under s.58(1) DESDA: he did not demonstrate that the General Division erred, he did not raise the cancellation issue before the General Division, the General Division lacked jurisdiction absent a Commission reconsideration decision, and any remedy would be moot given CERB's closed retroactive application window.

Court Disposition

Application to the Appeal Division refused

Orders

  • Application to the Appeal Division is refused.