Facts that may have been misstated could not change finding

Public Law - Social Programs - Employment insurance

Applicant employee applied for Employment Insurance (EI) benefits after being laid off, and advised Service Canada that he had received severance package. One year later, Canada Employment Insurance Commission notified employee that his severance payments were earnings that must be allocated across EI benefit payment period. Commission required employee to repay overpayment of $11,822. General Division of Social Security Tribunal dismissed employee's appeal. Appeal Division of Social Security Tribunal refused leave to appeal as there was no reasonable chance of success on appeal. Appeal Division noted that issue was not fairness of Commission’s actions or enforcement of debt. Employee brought application for judicial review. Application dismissed. Appeal Division did not err. There were no breaches of procedural fairness or any errors of law. Facts that may have been misstated could not change finding that severance payments were income and must be allocated against EI benefits. Appeal Division’s decision was reasonable. Employee's concerns about decision and its impact could not be addressed through judicial review.

Zadoyan v. Canada (Attorney General) (2019), 2019 CarswellNat 1490, 2019 CarswellNat 2346, 2019 FC 544, 2019 CF 544, Catherine M. Kane J. (F.C.).

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