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Reasons and decision
[1] Previously, a member of the General Division dismissed the Applicant’s appeal. In due course, the Applicant filed an application requesting leave to appeal this decision to the Appeal Division.
[2] Subsection 58(1) of the Department of Employment and Social Development Act (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 her submissions, the Applicant argues that the decision under appeal “requires recalculation”. She also argues that her case “was not properly looked at and evaluated”.
[5] While these pleadings do not identify a proper ground of appeal and do not have a reasonable chance of success, I note that on the face of the record the General Division (and the Commission before it) once again failed to consider and apply Canada (Attorney General) v. Picard, 2014 FCA 46, as they were required to do.
[6] Although I make no finding on the matter, if this is so this appeal must succeed at least in part. Accordingly, I find that this appeal has a reasonable chance of success and this application for leave to appeal should be granted.