Employment Insurance (EI)

Reasons and decision

Decision

[1] The Tribunal grants leave to appeal before the Appeal Division of the Social Security Tribunal.

Introduction

[2] On November 11, 2015, the Tribunal’s General Division found that:

• The Respondent could reconsider the Applicant’s claims for benefits under subsection 52(5) of the Employment Insurance Act (Act);
• The Applicant’s place of residence is the City of Québec within the meaning of section 17 of the Employment Insurance Regulations (Regulations), for the relevant benefits periods;
• Subject to the necessary calculations that must be adjusted in file GE-15-139 are the applicable regional rate of unemployment, the benefits rate, and the maximum number of weeks in which benefits could be paid were determined in accordance with the legislation in effect at the time when the Applicant’s benefits periods were established.

[3] On December 9, 2015, the Applicant filed an application for leave to appeal before the Appeal Division.

Issue

[4] The Tribunal must determine whether the appeal has a reasonable chance of success.

The law

[5] As stated in subsections 56(1) and 58(3) of the Department of Employment and Social Development Act, “[a]n appeal to the Appeal Division may only be brought if leave to appeal is granted” and the Appeal Division “must either grant or refuse leave to appeal”.

[6] Subsection 58(2) of the Department of Employment and Social Development Act provides that “[l]eave to appeal is refused if the Appeal Division is satisfied that the appeal has no reasonable chance of success”.

Analysis

[7] Under subsection 58(1) of the Department of Employment and Social Development Act, the only grounds of appeal are that:

1. (a) the General Division failed to observe a principle of natural justice or otherwise acted beyond or refused to exercise its jurisdiction;
2. (b) the General Division erred in law in making its decision or order, whether or not the error appears on the face of the record;
3. (c) the General Division based its decision or order on an erroneous finding of fact that it made in a perverse or capricious manner or without regard for the material before it.

[8] An application for leave to appeal is a preliminary step to a hearing on the merits. It is a first, and lower, hurdle for the Applicant to meet than the one that must be met on the hearing of the appeal on the merits. At the application for leave to appeal stage, the Applicant does not have to prove his case.

[9] The Tribunal will grant leave to appeal if it is satisfied that any one of the above-mentioned grounds of appeal has a reasonable chance of success.

[10] To do so, the Tribunal must, in accordance with subsection 58(1) of the Department of Employment and Social Development Act, be able to see a question of law, fact, or jurisdiction the answer to which may lead to the setting aside of the decision attacked.

[11] In light of the foregoing, does the Applicant’s appeal have a reasonable chance of success?

[12] In his application for leave to appeal, the Applicant essentially argues that the General Division overlooked the evidence supporting his position and that it erred in applying the law regarding the Applicant’s ordinary place of residence. He states that the General Division completely dismissed the applicable principles with regard to determining a claimant’s ordinary place of residence and overlooked the case law in his favour.

[13] The Applicant claims that the General Division committed a serious obstruction to natural justice by preventing a witness favourable to his case from testifying, and that this obstruction is aggravated by the fact that the General Division held a negative view of the Applicant’s credibility.

[14] Upon review of the appeal file, the General Division’s decision, and the arguments in support of the application for leave to appeal, the Tribunal finds that the appeal has a reasonable chance of success. The Applicant has raised several questions of fact and law, as well as an argument concerning natural justice, the answer to which could lead to the setting aside of the contested decision.

Conclusion

[15] The Tribunal grants leave to appeal before the Appeal Division of the Social Security Tribunal.