V. B. v. Canada Employment Insurance Commission

V. B. v. Canada Employment Insurance Commission

The applicant failed to show any "new facts" under the Chan criteria and failed to demonstrate that the General Division decision was made without knowledge of a material fact or based on a material mistake; therefore the application to rescind or amend under s.66 DESD Act is dismissed.

Citation
2019 SST 572
Parties
Applicant: V. B.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
12 April 2019
Procedural Posture
Employment Insurance (ei) / Application to Rescind or Amend Under S.66 DESD Act
Outcome
Application to rescind or amend refused
Legal Topics
Rescission of Decision, New Facts Test, Allocation of Earnings, Reinstatement Rights, Judicial Review Procedural Bars
Source Language
English
Employment Insurance Administrative Law Rescission of Decision New Facts Test Allocation of Earnings Reinstatement Rights Judicial Review Procedural Bars

Case Brief

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Parties

V. B.

Applicant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance (ei) / Application to Rescind or Amend Under S.66 DESD Act

Legal Issues

  1. 1 Whether the applicant presented "new facts" under the Chan test sufficient to rescind or amend the General Division decision under s.66 DESD Act
  2. 2 Whether the General Division decision was made without knowledge of a material fact or based on a mistake as to a material fact
  3. 3 Whether documents submitted after the hearing were decisive of the issue of earnings allocation and reinstatement rights

Ratio Decidendi

The applicant failed to show any "new facts" under the Chan criteria and failed to demonstrate that the General Division decision was made without knowledge of a material fact or based on a material mistake; therefore the application to rescind or amend under s.66 DESD Act is dismissed.

Court Disposition

Application to rescind or amend refused

Orders

  • Application to rescind or amend the July 20, 2018 General Division decision dismissed