Decisions by subject: Department of Employment and Social Development Act and Social Security Tribunal Regulations

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Use this tool to find relevant decisions that could help you prepare your appeal. It is organized by subject under the Department of Employment and Social Development Act (DESDA) and the Social Security Tribunal Regulations. It will be updated over time.

Tribunal members must follow decisions from the Supreme Court of Canada, the Federal Court of Appeal, and the Federal Court. They do not have to follow previous Tribunal decisions, but these could influence their decision.

If the legislation changes or the court decides otherwise, some of the decisions in this tool may no longer be relevant.


Time limits to appeal and extensions of time (s. 52 and 57)

Grounds of appeal

General principles

Failed to observe a principle of natural justice or otherwise acted beyond or refused to exercise its jurisdiction

Factual examples

Erred in law in making its decision, whether or not the error appears on the face of the record

Factual examples

Based its decision on an erroneous finding of fact it made in a perverse or capricious manner or without regard for the material before it

Arguments that do not disclose a ground of appeal

Leave to appeal

General principles

Test for leave to appeal

Reasonable chance of success

Burden of proof

Deciding leave to appeal

Grounds pleaded in application

Reviewing the record

Leave supported by the record

Restricting or limiting leave to appeal

Seeking leave to appeal an interlocutory decision of the general division

Finality of leave decisions

Powers of the appeal division and nature of an appeal before the appeal division

Written reasons

Rescinding or amending a decision (s. 66)

General principles

Test in employment insurance (s. 66(1)(a))

  • Currently no case law

Test in income security (s. 66(1)(b))

Factual examples

Employment insurance

  • Currently no case law

Income security

Social Security Tribunal Regulations

Questions of procedure and procedural fairness

Filing of documents

 Currently no case law

Form of hearing


Requests for further information on leave to appeal

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