S. S. v. Canada Employment Insurance Commission

S. S. v. Canada Employment Insurance Commission Collection Employment Insurance (EI) Decision date 2015-05-15 Neutral citation 2015 SSTAD 601 Reference number AD-13-643 Member Mark Borer Division Appeal Division Decision Application for leave to appeal refused Decision Content On this page Decision Decision [1] On March 19, 2013, a panel of the board of referees (the Board) determined that the appeal of the Appellant from the previous determination of the Commission should be dismissed. On June 20, 2013, the Appellant filed an application requesting leave to appeal to the Appeal Division. [2] Although it appears at first glance that this appeal was filed late, I note that the Appellant has stated that the decision was only communicated to her on June 2, 2013. As such, this appeal was filed on time. [3] Subsection 58(1) of the Department of Employment and Social Development Actstates that the only grounds of appeal are that: (a) The General Division [or the Board] failed to observe a principle of natural justice or otherwise acted beyond or refused to exercise its jurisdiction; (b) The General Division [or the Board] erred in law in making its decision, whether or not the error appears on the face of the record; or (c) The General Division [or the Board] based its decision on an erroneous finding of fact that it made in a perverse or capricious manner or without regard for the material before it. [4] The Act also states that leave to appeal is to be refused if the appeal has “no reasonable chance of success”. [5] In her application, the Appellant submits that she would like the opportunity to “provide evidence of my work history for 2011”. She maintains that she has not been credited with the full amount of her insurable hours by her Employer. Elaborating, she explains in detail how her Employer erred and asks that she be credited with additional insurable hours [6] In essence, the Appellant has re-stated many of the arguments she made before the Board and asks that I re-hear the case and come to a different conclusion. [7] The Board decision noted, as do I, that the calculation of insurable hours is not within the jurisdiction of the Board or the Tribunal. Instead, it is the sole prerogative of the Canada Revenue Agency (the CRA). The CRA, upon being asked to do so, rendered a decision in this matter which established the number of insurable hours the Appellant had accumulated. That decision cannot be appealed here, and I (like the Board before me) am bound by it. [8] Although I make no finding on the accuracy of the Appellant’s arguments, even if I accepted them in full I do not have the jurisdiction to alter the determination of the CRA. [9] For this reason, this application for leave to appeal does not have a reasonable chance of success, and must be refused.