S. S. v. Canada Employment Insurance Commission
Leave to appeal was granted because the applicant's pleadings, if shown to be correct, could ground one of the statutory grounds of appeal under s.58(1), and therefore the application had a reasonable chance of success.
Source-derived case information.
- Citation
- 2015 SSTAD 782
- Parties
- Appellant: S. S.; Respondent: Canada Employment Insurance Commission
- Court
- Social Security Tribunal of Canada
- Jurisdiction
- Canada
- Judgment Date
- 22 June 2015
- Procedural Posture
- Employment Insurance (ei) / Application for Leave to Appeal to the Appeal Division
- Outcome
- Application for leave to appeal granted
- Legal Topics
- Leave to Appeal, Natural Justice, Error of Law, Erroneous Finding of Fact, Misconduct Under Employment Insurance Act
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
S. S.
Appellant
Canada Employment Insurance Commission
Respondent
Procedural Posture
Employment Insurance (ei) / Application for Leave to Appeal to the Appeal Division
Legal Issues
- 1 Whether the General Division failed to observe a principle of natural justice or otherwise acted beyond or refused to exercise its jurisdiction
- 2 Whether the General Division erred in law in finding the appellant committed misconduct under the Employment Insurance Act
- 3 Whether the General Division based its decision on an erroneous finding of fact made in a perverse or capricious manner or without regard to the material before it
Ratio Decidendi
Leave to appeal was granted because the applicant's pleadings, if shown to be correct, could ground one of the statutory grounds of appeal under s.58(1), and therefore the application had a reasonable chance of success.
Court Disposition
Application for leave to appeal granted
Orders
- Leave to appeal to the Appeal Division granted
Full Case Text
Judgment text and source record
1 paragraphs
S. S. v. Canada Employment Insurance Commission Collection Employment Insurance (EI) Decision date 2015-06-22 Neutral citation 2015 SSTAD 782 Reference number AD-15-163 Member Mark Borer Division Appeal Division Decision Application for leave to appeal granted Related decisions SST - S. S. v. Canada Employment Insurance Commission - 2016 SSTADEI 300 - 2016-06-13 - Appeal Division Decision Content On this page Decision Decision [1] On March 4, 2015, a member of the General Division determined that the appeal of the Appellant from the previous determination of the Commission should be dismissed. In due course, the Appellant filed an application for leave to appeal to the Appeal Division. [2] Subsection 58(1) of the Department of Employment and Social Development Act states that the only grounds of appeal are that: (a) The General Division failed to observe a principle of natural justice or otherwise acted beyond or refused to exercise its jurisdiction; (b) The General Division erred in law in making its decision, whether or not the error appears on the face of the record; or (c) The General Division 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. [3] The Act also states that leave to appeal is to be refused if the appeal has “no reasonable chance of success”. [4] The Appellant states that the General Division member erred in law and in fact by concluding that she had committed misconduct within the meaning of the Employment Insurance Act. The pleadings identify enumerated grounds and state jurisprudence in support of those grounds. [5] Although I make no finding on the matter, I note that if shown to be correct these pleadings could ground a successful appeal. I therefore find that this application has a reasonable chance of success. For that reason, this application for leave to appeal must be granted.