B. W. v. Canada Employment Insurance Commission

B. W. v. Canada Employment Insurance Commission

The claimant's reconsideration request was filed within 30 days of when he was unambiguously informed of the full nature and effect of the March 30, 2016 decision (no earlier than June 1 and no later than June 11, 2017); the Notice of Debt was sent to the claimant's old address and the Attestation Certificate did not conclusively prove delivery to the correct address, so the request was timely and the appeal is allowed.

Citation
2019 SST 384
Parties
Claimant/appellant: B. W.; Respondent/commission: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
29 March 2019
Procedural Posture
Employment Insurance Appeal of Reconsideration Decision / General Division Hearing on Timeliness of Reconsideration Request (decision 2019 03 29)
Outcome
Appeal allowed
Legal Topics
Reconsideration Timeliness, Communication of Decision, Notice of Debt, Attestation Certificate, Overpayment, Garnishment, Joinder of Appeals, Procedural Fairness
Source Language
English
Employment Insurance Administrative Law Social Security Reconsideration Timeliness Communication of Decision Notice of Debt Attestation Certificate Overpayment +3 more

Case Brief

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Parties

B. W.

Claimant/appellant

Canada Employment Insurance Commission

Respondent/commission

Procedural Posture

Employment Insurance Appeal of Reconsideration Decision / General Division Hearing on Timeliness of Reconsideration Request (decision 2019 03 29)

Legal Issues

  1. 1 Whether the claimant made his reconsideration request within 30 days of the Commission communicating its decision
  2. 2 Whether the Commission proved the date and content of its communication of the March 30, 2016 decision
  3. 3 Whether an Attestation Certificate under s.134(2) EIA conclusively proves delivery where document sent to an incorrect address

Ratio Decidendi

The claimant's reconsideration request was filed within 30 days of when he was unambiguously informed of the full nature and effect of the March 30, 2016 decision (no earlier than June 1 and no later than June 11, 2017); the Notice of Debt was sent to the claimant's old address and the Attestation Certificate did not conclusively prove delivery to the correct address, so the request was timely and the appeal is allowed.

Court Disposition

Appeal allowed

Orders

  • Appeal allowed
  • The Commission's July 24, 2017 decision declining to consider the claimant's June 12, 2017 reconsideration request is set aside