WC v Canada Employment Insurance Commission

WC v Canada Employment Insurance Commission

The Appeal Division allowed the appeal because the General Division breached s.22(1) by issuing its summary dismissal before the deadline it had given the appellant, thereby denying the appellant a fair opportunity to make submissions and seek disclosure; remedy was to remit the matter to a different General...

Source-derived case information.

Citation
2022 SST 397
Parties
Appellant: W. C.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
16 May 2022
Procedural Posture
Employment Insurance / Appeal Division Review of General Division Decision
Outcome
Appeal allowed; matter returned to the General Division for redetermination by a different member
Legal Topics
Summary Dismissal, Natural Justice, Procedural Fairness, Eligibility, Insurable Employment Hours, Remittal
Source Language
english
Employment Insurance Administrative Law Social Security Law Summary Dismissal Natural Justice Procedural Fairness Eligibility Insurable Employment Hours +1 more

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Parties

W. C.

Appellant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance / Appeal Division Review of General Division Decision

Legal Issues

  1. 1 Whether the General Division violated principles of natural justice by issuing a summary dismissal before the deadline to file submissions
  2. 2 Whether the Claimant was denied a fair opportunity to present evidence and arguments before summary dismissal under s.22(1) of the Social Security Tribunal Regulations
  3. 3 Whether the Appeal Division should remit the matter for redetermination despite the Commission's contention that the outcome is predetermined

Ratio Decidendi

The Appeal Division allowed the appeal because the General Division breached s.22(1) by issuing its summary dismissal before the deadline it had given the appellant, thereby denying the appellant a fair opportunity to make submissions and seek disclosure; remedy was to remit the matter to a different General Division member for redetermination.

Court Disposition

Appeal allowed; matter returned to the General Division for redetermination by a different member

Orders

  • Appeal allowed and returned to a different member of the General Division for redetermination