Employment Insurance (EI)

Reasons and decision

Decision

[1] The Social Security Tribunal of Canada (Tribunal) refuses leave to appeal.

Introduction

[2] On May 11, 2017, the Tribunal’s General Division rejected the Applicant’s constitutional challenge because it did not comply with the Tribunal’s requirements.

[3] The Applicant filed an application for leave to appeal with the Appeal Division on June 2, 2017.

[4] The General Division has not yet rendered a final decision on the issue, namely, whether the Respondent used its power judiciously when it refused to extend the provided 30-day period for submitting a reconsideration request pursuant to section 112 of the Employment Insurance Act and section 1 of the Reconsideration Request Regulations.

Issue

[5] The Tribunal must decide whether the appeal has a reasonable chance of success.

The law

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

[7] The Appeal Division must either grant or refuse leave to appeal. Subsection 58(2) of the DESD 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

[8] According to subsection 58(1) of DESD Act the only grounds of appeal are the following:

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, whether or not the error appears on the face of the record; or
3. 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.

[9] The decision under appeal is an interlocutory decision. The courts have repeatedly stated (such as in Szczecka v. Canada (Minister of Employment and Immigration), 1993 CanLII 9425 (FCA)) that, except in exceptional circumstances, an interlocutory decision must not be subject to an immediate appeal.

[10] In other words, there can be no appeal of an interlocutory decision when there are other remedies available as a result of the General Division’s final decision.

[11] The reason is as follows: if interlocutory appeals were permitted to be filed on a regular basis, it would increase delays and expenses, and this procedure could interfere with the sound administration of justice and ultimately bring the administration of justice into disrepute.

[12] The Applicant has not identified any exceptional circumstances in his application for leave to appeal that would justify an immediate appeal.

[13] For the abovementioned reasons, the Applicant’s appeal of the interlocutory decision rendered by the General Division on May 11, 2017, has no reasonable chance of success.

Conclusion

[14] The Tribunal refuses leave to appeal.