Employment Insurance (EI)

Decision Information

Decision Content

[TRANSLATION]

Citation: WS v Canada Employment Insurance Commission, 2024 SST 314

Social Security Tribunal of Canada
Appeal Division

Leave to Appeal Decision

Applicant: W. S.
Respondent: Canada Employment Insurance Commission

Decision under appeal: General Division decision dated
January 19, 2024 (GE-23-3447)

Tribunal member: Jude Samson
Decision date: March 26, 2024
File number: AD-24-110

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Decision

[1] I am refusing permission to appeal. The appeal will not proceed.

Overview

[2] W. S. is the Claimant in this case. She applied for benefits on August 28, 2023. She then asked the Canada Employment Insurance Commission (Commission) to treat her claim as though it had been received on July 2, 2013. The Commission refused, saying that the Claimant didn’t have good cause for the delay in applying for benefits.

[3] The Claimant appealed the Commission’s decision to the Social Security Tribunal’s General Division. The General Division allowed the Claimant’s appeal.

[4] For reasons that remain unclear, the Claimant is nevertheless asking the Appeal Division for permission to appeal the General Division decision. I am refusing permission to appeal.

Issues

[5] Does the Claimant’s appeal have a reasonable chance of success?

I am not giving the Claimant permission to appeal

[6] The Appeal Division’s role is to consider whether the General Division made an error recognized by the law.Footnote 1 If the Claimant’s arguments do not deal with one of these errors, her appeal has no reasonable chance of success, and I can’t give her permission to appeal.Footnote 2

[7] There seems to be some confusion in this case. The Claimant isn’t arguing that the General Division made errors. On the contrary, the General Division allowed her appeal. She says that the matter has been resolved and that she has received additional benefits.Footnote 3

[8] In the absence of any potential error, the Claimant’s appeal has no reasonable chance of success, and I must refuse permission to appeal.

Conclusion

[9] I find that the Claimant’s appeal has no reasonable chance of success. As a result, I am refusing permission to appeal. The appeal will not proceed.

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