S. C. v. Canada Employment Insurance Commission

S. C. v. Canada Employment Insurance Commission

The applicant failed to identify any arguable ground within the statutorily enumerated grounds of appeal (DESDA s.58(1)) that would give the appeal a reasonable chance of success; the General Division properly had authority to find misconduct on a balance of probabilities, natural justice was not breached by...

Source-derived case information.

Citation
2017 SSTADEI 342
Parties
Applicant: S. C.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
19 September 2017
Procedural Posture
Employment Insurance Appeal (misconduct Disqualification) / Application for Leave to Appeal to the Appeal Division (refused)
Outcome
Application for leave to appeal refused
Legal Topics
Misconduct Disqualification, Leave to Appeal, Natural Justice, Tribunal Jurisdiction, Evidentiary Standard
Source Language
english
Employment Insurance Administrative Law Social Security Law Misconduct Disqualification Leave to Appeal Natural Justice Tribunal Jurisdiction Evidentiary Standard

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Parties

S. C.

Applicant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance Appeal (misconduct Disqualification) / Application for Leave to Appeal to the Appeal Division (refused)

Legal Issues

  1. 1 Whether the General Division breached natural justice by not obtaining additional witnesses
  2. 2 Whether the General Division erred in law by requiring a criminal conviction to find misconduct
  3. 3 Whether the General Division based its decision on an erroneous finding of fact regarding absenteeism that was central to its decision

Ratio Decidendi

The applicant failed to identify any arguable ground within the statutorily enumerated grounds of appeal (DESDA s.58(1)) that would give the appeal a reasonable chance of success; the General Division properly had authority to find misconduct on a balance of probabilities, natural justice was not breached by declining to gather additional witnesses, absenteeism evidence was not central to the misconduct finding, and prior EI contributions are irrelevant to disqualification, therefore leave to appeal is refused.

Court Disposition

Application for leave to appeal refused

Orders

  • Leave to appeal refused