P. S. v. Canada Employment Insurance Commission

P. S. v. Canada Employment Insurance Commission

Because the Board made errors in applying subsection 30(3) and in findings regarding knowingly making a false or misleading representation, and because the parties (including the Commission) consent to remand, the appeal is allowed and the case is remitted to the General Division for reconsideration.

Source-derived case information.

Citation
2015 SSTAD 200
Parties
Appellant: P. S.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
13 February 2015
Procedural Posture
Employment Insurance Appeal / Appeal Division Decision on Record
Outcome
Appeal allowed on consent and remitted to the General Division for reconsideration.
Legal Topics
Collection, Interpretation of S.30(3) of the Employment Insurance Regulations, False or Misleading Representation, Remand for Reconsideration
Source Language
english
Employment Insurance Administrative Law Social Security Tribunal Procedure Collection Interpretation of S.30(3) of the Employment Insurance Regulations False or Misleading Representation Remand for Reconsideration

Source-derived case record

Summary, issues, holding and outcome

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Parties

P. S.

Appellant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance Appeal / Appeal Division Decision on Record

Legal Issues

  1. 1 Whether the Board erred in its interpretation and application of subsection 30(3) of the Employment Insurance Regulations
  2. 2 Whether the Appellant knowingly made a false or misleading representation
  3. 3 Whether the proper remedy is to remit the matter to the General Division for reconsideration

Ratio Decidendi

Because the Board made errors in applying subsection 30(3) and in findings regarding knowingly making a false or misleading representation, and because the parties (including the Commission) consent to remand, the appeal is allowed and the case is remitted to the General Division for reconsideration.

Court Disposition

Appeal allowed on consent and remitted to the General Division for reconsideration.

Orders

  • Appeal allowed; case returned to the General Division for reconsideration.