N. P. v. Canada Employment Insurance Commission

N. P. v. Canada Employment Insurance Commission

The cheques did not constitute new facts because they were issued prior to the General Division decision and were known or discoverable before that decision; the amounts paid were not decisive or sufficient to establish just cause for voluntary leaving under the Act; therefore the application to rescind or amend was...

Source-derived case information.

Citation
2015 SSTGDEI 158
Parties
Applicant: N. P.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
17 September 2015
Procedural Posture
Employment Insurance — Application to Rescind or Amend General Division Decision / Application to Rescind or Amend (general Division)
Outcome
Application to rescind or amend denied
Legal Topics
Rescission/amendment, Voluntary Leaving, Just Cause, Evidence, Reconsideration
Source Language
english
Employment Insurance Administrative Law Social Security Rescission/amendment Voluntary Leaving Just Cause Evidence Reconsideration

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Parties

N. P.

Applicant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance — Application to Rescind or Amend General Division Decision / Application to Rescind or Amend (general Division)

Legal Issues

  1. 1 Whether new facts were presented warranting rescission or amendment under s.66(1) DESD Act
  2. 2 Whether the cheques and employer payment constitute decisive new facts or a mistake as to a material fact
  3. 3 Whether unpaid/retroactive pay amounted to just cause for voluntarily leaving under s.29(c)(viii)

Ratio Decidendi

The cheques did not constitute new facts because they were issued prior to the General Division decision and were known or discoverable before that decision; the amounts paid were not decisive or sufficient to establish just cause for voluntary leaving under the Act; therefore the application to rescind or amend was denied under s.66(1) DESD Act.

Court Disposition

Application to rescind or amend denied

Orders

  • Application to rescind or amend the General Division decision is dismissed