Judicial Review of Employment Insurance in the Federal Court of Appeal (8:XV)
|This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on July 3, 2020.|
If a claimant disagrees with the decision of the Appeal Division of the Social Security Tribunal, the claimant can file an originating Notice of Motion 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 within 30 days of the time that the decision was communicated to the applicant, or within such further time as the Court of Appeal may allow. At this stage, qualified counsel is almost essential. Contact the Community Legal Assistance Society if this situation arises. See Chapter 5: Public Complaints for more information regarding judicial review.
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