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Decision
[1] The appeal is dismissed.
Introduction
[2] On November 12, 2014, a member of the General Division determined that the appeal of the Appellant from the previous determination of the Commission should be dismissed. The Appellant appealed that decision to the Appeal Division and on June 2, 2015, leave to appeal was granted.
[3] This appeal was decided on the record.
Analysis
[4] In granting leave to appeal, I noted that:
The Appellant submits that he was unable to attend the General Division hearing on November 10, 2014, because he was recovering from surgery taking place on December 10, 2014. He asks that he be given a new hearing so that he can be heard.
Obviously, the dates provided by the Appellant make no sense. If true, the Appellant would be recovering from surgery before the surgery took place. To clarify this, I asked for submissions from the parties.
The Commission replied, saying that they had no submissions to make, while the Appellant did not respond.
Although I make no finding on the matter, and would require the Appellant to offer evidence of his inability to attend the General Division hearing, the Appellant’s pleadings could support a successful appeal. The Commission, for their part, opposes the appeal.
[5] To date, the Appellant has not made any additional submissions. I therefore find that the Appellant has failed in his duty to substantiate his arguments. I further find that as neither the General Division member nor the Tribunal itself has breached the natural justice rights of the Appellant, this appeal must fail.
Conclusion
[6] For the above reasons, the appeal is dismissed.