PD v Canada Employment Insurance Commission

PD v Canada Employment Insurance Commission

The May 29, 2020 medical note does not constitute a material new fact because it post-dates the General Division decision and does not establish that the surgeries were not readily or immediately available in the applicant's area; therefore the criteria under s.66 were not met and the application to rescind or amend is dismissed.

Citation
2020 SST 776
Parties
Applicant: PD; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
29 July 2020
Procedural Posture
Application to Rescind or Amend General Division Decision Under Section 66 of the Department of Employment and Social Development Act / Reconsideration by the General Division (s.66 Application)
Outcome
Application to rescind or amend dismissed
Legal Topics
Rescission/amendment of Tribunal Decision, New Material Facts, Availability of Medical Services, Disentitlement for Absence From Canada, Warnings for False or Misleading Statements
Source Language
English
Employment Insurance Administrative Law Social Security Rescission/amendment of Tribunal Decision New Material Facts Availability of Medical Services Disentitlement for Absence From Canada Warnings for False or Misleading Statements

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Parties

PD

Applicant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Application to Rescind or Amend General Division Decision Under Section 66 of the Department of Employment and Social Development Act / Reconsideration by the General Division (s.66 Application)

Legal Issues

  1. 1 Did the applicant meet the procedural conditions to apply under s.66 DESD Act?
  2. 2 Did the applicant present new, material facts or show a material mistake in the original decision?
  3. 3 If new facts existed, should the General Division decision be rescinded or amended?

Ratio Decidendi

The May 29, 2020 medical note does not constitute a material new fact because it post-dates the General Division decision and does not establish that the surgeries were not readily or immediately available in the applicant's area; therefore the criteria under s.66 were not met and the application to rescind or amend is dismissed.

Court Disposition

Application to rescind or amend dismissed

Orders

  • Application dismissed; General Division decision dated April 30, 2020 is not rescinded or amended.