S. E. v. Canada Employment Insurance Commission

S. E. v. Canada Employment Insurance Commission

Leave to appeal was refused because the Applicant failed to identify any reviewable error under s.58(1); she merely re-argued facts and sought a different factual determination, which does not meet the statutory grounds for appeal.

Citation
2015 SSTAD 172
Parties
Applicant: S. E.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
9 February 2015
Procedural Posture
Employment Insurance / Application for Leave to Appeal to Appeal Division
Outcome
Application for leave to appeal refused
Legal Topics
Employment Insurance, Leave to Appeal, Antedate Request, Standard of Review
Source Language
English
Employment Law Administrative Law Social Security Employment Insurance Leave to Appeal Antedate Request Standard of Review

Case Brief

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Parties

S. E.

Applicant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance / Application for Leave to Appeal to Appeal Division

Legal Issues

  1. 1 Whether the Applicant identified a reviewable error under s.58(1) of the Department of Employment and Social Development Act
  2. 2 Whether the application for leave to appeal had a reasonable chance of success

Ratio Decidendi

Leave to appeal was refused because the Applicant failed to identify any reviewable error under s.58(1); she merely re-argued facts and sought a different factual determination, which does not meet the statutory grounds for appeal.

Court Disposition

Application for leave to appeal refused

Orders

  • Leave to appeal refused