Tribunal not violating rules of procedural fairness by failing to review documents not filed

Canada Employment Insurance Commission told applicant recipient that pension income received from his trade union would be deducted from his sickness benefits. General Division of Social Security Tribunal concluded that pension from union constituted earnings to be deducted from sickness benefits pursuant to ss. 35 and 36 of Employment Insurance Regulations. General Division concluded that retirement pension arose out of his employment on basis that recipient had no control over contributions made to plan on his behalf and they were tied to his hours of work. General Division determined that Commission did not violate rules of procedural fairness or natural justice by failing to review collective agreement or pension plan, as recipient did not file those documents. Appeal Division of Social Security Tribunal dismissed recipient’s appeal. Recipient brought application for judicial review. Application dismissed. Appeal Division made no reviewable error in concluding that General Division did not fail to observe principle of natural justice, as recipient chose not to file pension plan and collective agreement before Commission and General Division. Appeal Division did not err in its interpretation and application of ss. 35 and 36 of Regulations.

Wilson v. Canada (Attorney General) (2019), 2019 CarswellNat 743, 2019 FCA 49, Yves de Montigny J.A., Judith Woods J.A., and J.B. Laskin J.A. (F.C.A.).