P. D. v. Canada Employment Insurance Commission
The appeal was dismissed because the Appellant failed to substantiate his claim of inability to attend the General Division hearing and no breach of natural justice was demonstrated by the record.
Source-derived case information.
- Citation
- 2015 SSTAD 931
- Parties
- Appellant: P. D.; Respondent: Canada Employment Insurance Commission
- Court
- Social Security Tribunal of Canada
- Jurisdiction
- Canada
- Judgment Date
- 24 July 2015
- Procedural Posture
- Employment Insurance Appeal / Appeal Division Decision on the Record
- Outcome
- Appeal dismissed
- Legal Topics
- Leave to Appeal, Natural Justice (procedural Fairness), Duty to Substantiate, Hearing Attendance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
P. D.
Appellant
Canada Employment Insurance Commission
Respondent
Procedural Posture
Employment Insurance Appeal / Appeal Division Decision on the Record
Legal Issues
- 1 Whether the Appellant substantiated his inability to attend the General Division hearing
- 2 Whether the Tribunal or General Division breached the Appellant’s natural justice rights
- 3 Whether a new hearing should be ordered
Ratio Decidendi
The appeal was dismissed because the Appellant failed to substantiate his claim of inability to attend the General Division hearing and no breach of natural justice was demonstrated by the record.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed
- No new hearing granted
Full Case Text
Judgment text and source record
1 paragraphs
P. D. v. Canada Employment Insurance Commission Collection Employment Insurance (EI) Decision date 2015-07-24 Neutral citation 2015 SSTAD 931 Reference number AD-14-604 Member Mark Borer Division Appeal Division Decision Appeal dismissed Related decisions SST - P. D. v. Canada Employment Insurance Commission - 2015 SSTAD 681 - 2015-06-02 - Appeal Division Decision reviewed by a court in Daley v. Canada (Attorney General), 2017 FC 297 Decision Content On this page Decision Introduction Analysis Conclusion Decision [1] The appeal is dismissed. Introduction [2] On November 12, 2014, a member of the General Division determined that the appeal of the Appellant from the previous determination of the Commission should be dismissed. The Appellant appealed that decision to the Appeal Division and on June 2, 2015, leave to appeal was granted. [3] This appeal was decided on the record. Analysis [4] In granting leave to appeal, I noted that: The Appellant submits that he was unable to attend the General Division hearing on November 10, 2014, because he was recovering from surgery taking place on December 10, 2014. He asks that he be given a new hearing so that he can be heard. Obviously, the dates provided by the Appellant make no sense. If true, the Appellant would be recovering from surgery before the surgery took place. To clarify this, I asked for submissions from the parties. The Commission replied, saying that they had no submissions to make, while the Appellant did not respond. Although I make no finding on the matter, and would require the Appellant to offer evidence of his inability to attend the General Division hearing, the Appellant’s pleadings could support a successful appeal. The Commission, for their part, opposes the appeal. [5] To date, the Appellant has not made any additional submissions. I therefore find that the Appellant has failed in his duty to substantiate his arguments. I further find that as neither the General Division member nor the Tribunal itself has breached the natural justice rights of the Appellant, this appeal must fail. Conclusion [6] For the above reasons, the appeal is dismissed.