P. L. v. Canada Employment Insurance Commission

P. L. v. Canada Employment Insurance Commission Collection Employment Insurance (EI) Decision date 2015-03-03 Neutral citation 2015 SSTAD 290 Reference number AD-14-247 Member Pierre Lafontaine Division Appeal Division Decision Application for leave to appeal refused Decision Content On this page Decision Introduction Issue The law Analysis Conclusion Decision [1] The Tribunal refuses leave to appeal to the Appeal Division of the Social Security Tribunal. Introduction [2] On April 11, 2014, the General Division of the Tribunal determined that: - the Applicant voluntarily left his employment without just cause under the terms of sections 29 and 30 of the Employment Insurance Act (the "Act"). [3] The Applicant filed an application for leave to appeal with the Appeal Division on May 13, 2014. Issue [4] The Tribunal must decide whether the appeal has a reasonable chance of success. The law [5] Subsections 56(1) and 58(3) of the Department of Employment and Social Development Act provide that "an appeal to the Appeal Division may only be brought if leave to appeal is granted" and that the Appeal Division "must either grant or refuse leave to appeal". [6] Subsection 58(2) of the Department of Employment and Social Development Act provides that "leave to appeal is refused if the Appeal Division is satisfied that the appeal has no reasonable chance of success". Analysis [7] According to subsection 58(1) of the Department of Employment and Social Development Act, the only grounds of appeal are that: (a) the General Division failed to observe a principle of natural justice or otherwise acted beyond or refused to exercise its jurisdiction; (b) the General Division erred in law in making its decision or order, whether or not the error appears on the face of the record; or (c) the General Division based its decision or order on an erroneous finding of fact that it made in a perverse or capricious manner or without regard for the material before it. [8] An application for leave to appeal is a preliminary step to a hearing on the merits. It is a first and lower hurdle for the applicant to meet than that which must be met on the hearing of an appeal on the merits. The applicant at the leave stage does not have to prove his or her case. [9] Indeed, the Tribunal will grant leave to appeal if the applicant shows that any one of the above-mentioned grounds of appeal has a reasonable chance of success. [10] To this end, the Tribunal must be able to determine, in accordance with section 58(1) of the Department of Employment and Social Development Act, whether there is a question of law, fact or jurisdiction the answer to which may lead to the setting aside of the decision attacked. [11] In light of the foregoing, does the Applicant's appeal have a reasonable chance of success? [12] In his application for leave to appeal, the Applicant states that the General Division erred in law, without actually specifying which error in law was committed. In a ritten letter dated February 6, 2015, the Tribunal asked the Applicant to clarify the ground of his appeal, but he did not respond to the Tribunal's request. [13] It is not the function of a Member who is determining whether leave to appeal should be granted, to reassess and reweigh the evidence that was put before the General Division. [14] The Tribunal concludes that the appeal has no reasonable chance of success. Conclusion [15] Leave to appeal is refused.