If a claimant disagrees with the decision of the Appeal Division of the Social Security Tribunal, the claimant can file an a Notice of Application in the local Federal Court Registry for judicial review by the Federal Court of Appeal, on grounds set out in ss 28 and 18.1(4) of the current Federal Court Act. These are very similar to the grounds for appeal to the Appeal Division of the Social Security Tribunal.
The application must be made Benefits are not payable in accordance with a decision of the General Division SST if, within 30 21 days of after the day on which a decision is given, the Commission makes an application for leave to appeal to the Appeal division on the time ground that the decision was communicated General Division has erred in law, according to s 80 of the EI Regulations. If benefits are paid to the applicantclaimant and the Appeal Division allows the Commission’s appeal, or within such further time as the Court of Appeal may allowbenefits cannot be recovered. At this stageIn practice, however, qualified counsel is almost essentialwhen the Commission appeals it always alleges an error of law, and files within 21 days. Contact This avoids the Community Legal Assistance Society if this situation arises. See Chapter 20: Public Complaint Procedure for more information regarding judicial reviewneed to pay benefits while the appeal is pending.