KJ v Canada Employment Insurance Commission

KJ v Canada Employment Insurance Commission

The January 7, 2021 letter is not a reconsideration decision because the claimant was not entitled to a second reconsideration on the same issue after the March 2, 2018 reconsideration; only decisions under s112 are appealable to the Tribunal, and therefore the January 7, 2021 letter was not appealable to the General Division. Consequently the Appeal is dismissed.

Citation
2021 SST 347
Parties
Appellant / Claimant: K. J.; Respondent / Commission: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
19 July 2021
Procedural Posture
Employment Insurance / Appeal Division – Appeal From General Division Decision
Outcome
Appeal dismissed
Legal Topics
Reconsideration, Appealability, New Facts, Rescission/amendment (s111), Timeliness, Jurisdictional Error, Earnings Allocation, Overpayment
Source Language
English
Employment Insurance Administrative Law Social Security Tribunal Procedure Reconsideration Appealability New Facts Rescission/amendment (s111) Timeliness +3 more

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Parties

K. J.

Appellant / Claimant

Canada Employment Insurance Commission

Respondent / Commission

Procedural Posture

Employment Insurance / Appeal Division – Appeal From General Division Decision

Legal Issues

  1. 1 Which Commission letter did the General Division consider and which did the claimant intend to appeal?
  2. 2 Whether the Commission’s January 7, 2021 letter is a reconsideration decision under s112 of the EIA
  3. 3 Whether the January 7, 2021 letter was appealable to the General Division

Ratio Decidendi

The January 7, 2021 letter is not a reconsideration decision because the claimant was not entitled to a second reconsideration on the same issue after the March 2, 2018 reconsideration; only decisions under s112 are appealable to the Tribunal, and therefore the January 7, 2021 letter was not appealable to the General Division. Consequently the Appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed.