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Decision
[1] On November 23, 2015, the Vice-chairperson of the Employment Insurance Section of the General Division determined that the appeal of the Respondent from the previous determination of the Commission should be “dismissed, but with modifications”. In due course, the Commission filed a request 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 failed to observe a principle of natural justice or otherwise acted beyond or refused to exercise its jurisdiction;
- (b) The General Division erred in law in making its decision, whether or not the error appears on the face of the record; or
- (c) The General Division 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] In their submissions, the Commission outlines their views as to how the Vice- chairperson made legal and factual errors in his decision. Specifically, they allege that the Vice-chairperson incorrectly applied the established jurisprudence and the Employment Insurance Act in determining that the Respondent was entitled to receive benefits for three days while out of Canada, and provide particulars to that effect.
[5] If proven, these pleadings could result in a successful appeal. Accordingly, I find that this appeal has a reasonable chance of success and this application for leave to appeal should be granted.