RF v Canada Employment Insurance Commission

RF v Canada Employment Insurance Commission

The application is dismissed because the alleged settlement and modified ROE were already part of the record and therefore are not "new facts," and the applicant did not produce decisive evidence or show a mistake of fact by the General Division that would justify rescinding or amending the July 25, 2019 decision.

Citation
2020 SST 301
Parties
Applicant: RF; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
22 January 2020
Procedural Posture
Employment Insurance (ei) / Application to Rescind or Amend General Division Decision (s.66 DESD Act)
Outcome
Application dismissed; original decision cannot be rescinded or amended.
Legal Topics
Rescission or Amendment of Decision, Misconduct, Record of Employment (roe), Out of Court Settlement
Source Language
English
Employment Insurance Administrative Law Rescission or Amendment of Decision Misconduct Record of Employment (roe) Out of Court Settlement

Case Brief

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Parties

RF

Applicant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance (ei) / Application to Rescind or Amend General Division Decision (s.66 DESD Act)

Legal Issues

  1. 1 Whether the July 25, 2019 General Division decision should be rescinded or amended
  2. 2 Whether the out-of-court settlement and modified ROE constitute new facts that are decisive of the issue
  3. 3 Whether positive references or ROE alteration negate a finding of dismissal for misconduct

Ratio Decidendi

The application is dismissed because the alleged settlement and modified ROE were already part of the record and therefore are not "new facts," and the applicant did not produce decisive evidence or show a mistake of fact by the General Division that would justify rescinding or amending the July 25, 2019 decision.

Court Disposition

Application dismissed; original decision cannot be rescinded or amended.

Orders

  • Application dismissed.
  • Original General Division decision dated July 25, 2019 remains in effect.