P. D. v. Canada Employment Insurance Commission

P. D. v. Canada Employment Insurance Commission

The Appeal Division upheld the General Division: the Commission could reasonably conclude from the claimant's incorrect answers and the employer information that a false or misleading statement could have been made, justifying extension of the reconsideration period to 72 months under s.52; the General Division's factual finding that the Appellant voluntarily left without just cause and the allocation of earnings under ss.35-36 were reasonably open on the record, so the appeal is dismissed.

Citation
2016 SSTADEI 244
Parties
Appellant: P. D.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
2 May 2016
Procedural Posture
Employment Insurance Appeal / Appeal Division Review of General Division Decision (teleconference Hearing)
Outcome
Appeal dismissed
Legal Topics
Reconsideration Under S.52 of the Employment Insurance Act, Voluntary Leaving and Disentitlement Under Ss.29 30 of the Employment Insurance Act, Allocation of Earnings Under Ss.35 36 of the Employment Insurance Regulations, Standards of Review for Appeals From the General Division
Source Language
English
Employment Insurance Administrative Law Social Security Benefits Reconsideration Under S.52 of the Employment Insurance Act Voluntary Leaving and Disentitlement Under Ss.29 30 of the Employment Insurance Act Allocation of Earnings Under Ss.35 36 of the Employment Insurance Regulations Standards of Review for Appeals From the General Division

Case Brief

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Parties

P. D.

Appellant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance Appeal / Appeal Division Review of General Division Decision (teleconference Hearing)

Legal Issues

  1. 1 Whether the Commission validly extended the reconsideration period to 72 months under s.52 of the Employment Insurance Act by reasonably finding a false or misleading statement
  2. 2 Whether the Appellant voluntarily left employment without just cause under ss.29-30 of the Employment Insurance Act
  3. 3 Whether the allocation of the Appellant's earnings complied with ss.35 and 36 of the Employment Insurance Regulations

Ratio Decidendi

The Appeal Division upheld the General Division: the Commission could reasonably conclude from the claimant's incorrect answers and the employer information that a false or misleading statement could have been made, justifying extension of the reconsideration period to 72 months under s.52; the General Division's factual finding that the Appellant voluntarily left without just cause and the allocation of earnings under ss.35-36 were reasonably open on the record, so the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; General Division decision confirmed