A claimant who is affected by a decision made by the Commission pursuant to section 52 of the Employment Insurance Act, has the right to appeal to a Board of Referees. However, where the Commission reconsiders a claim for benefits but does not change its earlier determination, a claimant has no right to appeal. Only a decision which has the effect of altering an earlier decision of the Commission is appealable.
Cornish-Hardy v. Canada, [1979] 2 F.C. 437 (F.C.A.) A-647-78; affirmed [1980] 1 S.C.R. 1218 (S.C.C.) File no. 15944
Calder v. M.E.I. , [1980] 1 F.C. 842 (F.C.A.) A-233-79
Gareau. v. Canada (Employment and Immigration Commission) [1986], F.C.J. No. 746 (F.C.A.) A-786-84
Fortin v. C.E.I.C. [1988] 21 F.T.R. 280 (F.C.T.D.) T-472-88
The time limit for appealing to a Board of Referees begins to run from the day on which the Commission's decision of the amount of the overpayment is communicated to the claimant.
Canada (A.G.) v. Laforest [1988], F.C.J. No. 546 (F.C.A.) A-607-87
Subsection 114(1) Employment Insurance Act
The Commission's discretionary power to reconsider a claim for benefits can only be reviewed if the Commission acted without jurisdiction or beyond its jurisdiction, or violated procedural fairness, or acted in a discriminatory, unreasonable or perverse manner.
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2009-05-05