Employment Insurance Benefits Restored After Interpreter Errors Led to Unfair Hearing

L.L. v. Canada Employment Insurance Commission, 2021 SST 683 (Social Security Tribunal, Appeal Division)

Lost in Translation: When a Bad Interpreter Costs You Your Benefits

L.L. was an Employment Insurance claimant who was accused of knowingly providing false or misleading information about her claim. Based on this finding, the Canada Employment Insurance Commission cancelled her benefit period, issued a warning, and demanded repayment of a large overpayment. The General Division of the Social Security Tribunal upheld the Commission's decision, finding that L.L. was not credible because her evidence contained what appeared to be inconsistencies.

But those inconsistencies were not L.L.'s fault. They were the result of a flawed interpretation. The interpreter at the hearing did not fully understand her or accurately convey her evidence. What looked like contradictions were actually translation errors that made her testimony appear unreliable. Based on those apparent inconsistencies, the tribunal found her not credible and ruled against her.

Ken Wise Appeals: Everyone Agrees the Hearing Was Unfair

Ken Wise appealed to the Appeal Division of the Social Security Tribunal. He filed an affidavit demonstrating the discrepancies in the interpretation and argued that the claimant had not received a fair hearing. The case was so clear that even the Commission agreed — both parties asked the Appeal Division to allow the appeal and send the matter back for a new hearing with a different interpreter.

The Appeal Division Allows the Appeal

The Appeal Division allowed the appeal and returned the matter to the General Division for reconsideration with proper interpretation. L.L. would finally get the fair hearing she deserved, with an interpreter who could accurately convey her evidence.

Why This Case Matters

For claimants whose first language is not English or French, the quality of interpretation at a tribunal hearing can make or break their case. If an interpreter does not accurately convey your evidence, you may appear inconsistent or dishonest through no fault of your own. This case establishes that inadequate interpretation is a breach of procedural fairness that can be corrected on appeal. If your EI or CPP benefits have been denied or revoked after a hearing where the interpretation was poor, you may have grounds for appeal.

If you have been denied Employment Insurance benefits or are facing an overpayment, contact Ken Wise & Associates.

Phone: (416) 924-6231

Email: ken@kenwiseandassociates.ca