SS v Canada Employment Insurance Commission

SS v Canada Employment Insurance Commission

The omission of the Commission's contact information was not a material fact affecting the leave decision; it was a minor deficiency corrected when raised, rescission would only cause delay and would not change the outcome because leave would still be granted on re‑decision, therefore the Tribunal properly exercised its discretion to refuse rescission.

Citation
2022 SST 48
Parties
Appellant: S. S.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
4 February 2022
Procedural Posture
Employment Insurance (ei) Leave to Appeal / Application to Rescind Leave Decision
Outcome
Application to rescind dismissed
Legal Topics
Rescission, Leave to Appeal, Error of Law, Materiality, Procedural Requirements, Regulatory Compliance
Source Language
English
Administrative Law Social Security Employment Insurance Tribunal Procedure Appeal Rescission Leave to Appeal Error of Law +3 more

Case Brief

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Parties

S. S.

Appellant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance (ei) Leave to Appeal / Application to Rescind Leave Decision

Legal Issues

  1. 1 Whether the Appeal Division leave decision should be rescinded
  2. 2 Whether omission of the Commission's contact information rendered the application invalid
  3. 3 Whether the omission was a material fact that affected the leave decision

Ratio Decidendi

The omission of the Commission's contact information was not a material fact affecting the leave decision; it was a minor deficiency corrected when raised, rescission would only cause delay and would not change the outcome because leave would still be granted on re‑decision, therefore the Tribunal properly exercised its discretion to refuse rescission.

Court Disposition

Application to rescind dismissed

Orders

  • The application to rescind the Appeal Division leave decision is dismissed
  • The leave decision remains in effect and the Commission's appeal will proceed