Taxpayer didn’t raise concerns that appeal division acted unfairly or breached natural justice

Employer terminated taxpayer and offered her payout, which she accepted. Shortly after termination, taxpayer contacted Canada Employment Insurance Commission (commission) to request reactivation of her claim, which was approved and taxpayer received twelve weeks of regular benefits. When it came to commission’s attention that taxpayer had received payout, taxpayer was informed that payout constituted earnings and would be applied towards her claim for benefits. Commission also mistakenly sent taxpayer duplicate payment of $6,000. After commission realized its mistake, it sent taxpayer notice of debt for overpayment. Reconsideration decision found that payout constituted earnings, because payout compensated taxpayer for her dismissal and that taxpayer was liable to repay amount commission paid her as benefits to which she was not entitled under s. 43 of Employment Insurance Act. Appeal division of Social Security Tribunal of Canada refused taxpayer’s leave to appeal, because appeal had no reasonable chance of success, as taxpayer had not raised any concerns regarding principles of natural justice. Taxpayer brought application for judicial review. Application dismissed. Appeal division’s reasons for refusing taxpayer’s application for leave were intelligible, transparent and justifiable and its decision falls within range of possible, acceptable outcomes. Taxpayer did not raise any concerns with respect to adequacy of notice, pre-hearing disclosure of documents or any other action or procedure affecting her right to be heard. Taxpayer did not raise issues or concerns that appeal division acted unfairly or breached any principle of natural justice.

Arksey v. Canada (Attorney General) (2019), 2019 CarswellNat 5123, 2019 CarswellNat 5429, 2019 FC 1250, 2019 CF 1250, Keith M. Boswell J. (F.C.).

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