Reconsideration of Claim and Liability for Overpayment
II. Principles of Law
(g) Appeal
A claimant who is affected by a decision made by the Commission pursuant to section 52 of the Employment Insurance Act 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 Judgment Of The Federal Court Of Appeal; affirmed [1980] 1 S.C.R. 1218 (S.C.C.) File no. 15944 Judgment of the Supreme Court Of Canada
Calder v. M.E.I. , [1980] 1 F.C. 842 (F.C.A.) A-233-79 Judgment Of The Federal Court Of Appeal
Gareau. v. Canada (Employment and Immigration Commission) [1986], F.C.J. No. 746 (F.C.A.) A-786-84 Judgment Of The Federal Court Of Appeal
Fortin v. C.E.I.C. [1988] 21 F.T.R. 280 (F.C.T.D.) T-472-88 Judgment Of The Federal Court Of Appeal
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.
Subsection 114(1) Employment Insurance Act 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.