X v. Canada Employment Insurance Commission

X v. Canada Employment Insurance Commission

The Appellant failed to prove on the balance of probabilities that the Added Party committed the alleged violent act; testimonial contradictions, leading questioning, witness bias and amended Records of Employment undermined credibility; because the act was not proven, misconduct under the EI Act was not established and disqualification does not apply.

Citation
2018 SST 1063
Parties
Appellant: X; Added Party: J. Meloche
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
24 June 2018
Procedural Posture
Employment Insurance Collection / General Division Decision
Outcome
Appeal dismissed; Added Party not disqualified from receiving EI benefits.
Legal Topics
Misconduct, Disqualification From Benefits, Record of Employment, Burden of Proof, Credibility of Witnesses
Source Language
English
Employment Insurance Administrative Law Employment Law Misconduct Disqualification From Benefits Record of Employment Burden of Proof Credibility of Witnesses

Case Brief

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Parties

X

Appellant

J. Meloche

Added Party

Procedural Posture

Employment Insurance Collection / General Division Decision

Legal Issues

  1. 1 What is the Added Party alleged to have done?
  2. 2 Did the Added Party commit the alleged act?
  3. 3 Does the alleged act constitute misconduct within the meaning of the Employment Insurance Act?

Ratio Decidendi

The Appellant failed to prove on the balance of probabilities that the Added Party committed the alleged violent act; testimonial contradictions, leading questioning, witness bias and amended Records of Employment undermined credibility; because the act was not proven, misconduct under the EI Act was not established and disqualification does not apply.

Court Disposition

Appeal dismissed; Added Party not disqualified from receiving EI benefits.

Orders

  • Appeal dismissed.
  • Added Party not disqualified from receiving benefits.