Y. Y. v. Canada Employment Insurance Commission
Leave to appeal was granted because the Board's decision, on the face of the record, contained no findings of fact or reasons, and that omission gives the application a reasonable chance of success under subsection 58(1).
Source-derived case information.
- Citation
- 2015 SSTAD 536
- Parties
- Appellant: Y. Y.; Respondent: Canada Employment Insurance Commission
- Court
- Social Security Tribunal of Canada
- Jurisdiction
- Canada
- Judgment Date
- 30 April 2015
- Procedural Posture
- Employment Insurance (ei) Collection / Application for Leave to Appeal to the Appeal Division
- Outcome
- Application for leave to appeal granted
- Legal Topics
- Leave to Appeal, Grounds of Appeal Under S.58(1), Natural Justice, Failure to Give Reasons, Erroneous Finding of Fact, Error of Law
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Y. Y.
Appellant
Canada Employment Insurance Commission
Respondent
Procedural Posture
Employment Insurance (ei) Collection / Application for Leave to Appeal to the Appeal Division
Legal Issues
- 1 Whether the application for leave to appeal meets the statutory grounds under s.58(1)
- 2 Whether the Board failed to observe a principle of natural justice or otherwise acted beyond its jurisdiction by providing no reasons
- 3 Whether the absence of findings or reasons gives the application a reasonable chance of success
Ratio Decidendi
Leave to appeal was granted because the Board's decision, on the face of the record, contained no findings of fact or reasons, and that omission gives the application a reasonable chance of success under subsection 58(1).
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
Y. Y. v. Canada Employment Insurance Commission Collection Employment Insurance (EI) Decision date 2015-04-30 Neutral citation 2015 SSTAD 536 Reference number AD-13-316 Member Mark Borer Division Appeal Division Decision Application for leave to appeal granted Related decisions SST - Y. Y. v. Canada Employment Insurance Commission - 2015 SSTAD 1237 - 2015-10-21 - Appeal Division Decision Content On this page Decision Decision [1] On April 17, 2013, a panel of the board of referees (the Board) determined that the appeal of the Employer from the previous determination of the Commission should be allowed. 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 [or the Board] failed to observe a principle of natural justice or otherwise acted beyond or refused to exercise its jurisdiction; (b) The General Division [or the Board] erred in law in making its decision, whether or not the error appears on the face of the record; or (c) The General Division [or the Board] 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, in his notice of appeal, states only that “I worked for PV Enterprises, I have my ROE form”. [5] Although I make no findings on the matter, I note that on the face of the record the Board does not appear to have made any findings of fact or given any reasons at all for its decision to dismiss the appeal of the Appellant from the penalty and notice of violation assessed by the Commission. [6] I therefore find that this application has a reasonable chance of success. For that reason, this application for leave to appeal must be granted.