Department of Employment and Social Development Act

Marginal note:Grounds of appeal

• 58 (1) The only grounds of appeal are that

  • (a) the General Division failed to observe a principle of natural justice or otherwise acted beyond or refused to exercise its jurisdiction;

  • (b) the General Division erred in law in making its decision, whether or not the error appears on the face of the record; or

  • (c) the General Division based its decision on an erroneous finding of fact that it made in a perverse or capricious manner or without regard for the material before it.

• Marginal note:Criteria

  (2) Leave to appeal is refused if the Appeal Division is satisfied that the appeal has no reasonable chance of success.

• Marginal note:Decision

  (3) The Appeal Division must either grant or refuse leave to appeal.

• Marginal note:Reasons

  (4) The Appeal Division must give written reasons for its decision to grant or refuse leave and send copies to the appellant and any other party.

• Marginal note:Leave granted

  (5) If leave to appeal is granted, the application for leave to appeal becomes the notice of appeal and is deemed to have been filed on the day on which the application for leave to appeal was filed.