What is the proper legal test for a summary dismissal of an appeal under subsection 53(1) of the DESD Act?
Canada (Federal), Canada
The following excerpt is from R. M. v Minister of Employment and Social Development, 2017 CanLII 143262 (SST):
The proper legal test for granting a summary dismissal of an appeal under subsection 53(1) of the DESD Act is whether the appeal has no reasonable chance of success based on the evidence that is before the Tribunal (Miter v. Canada (Attorney General), 2017 FC 262).
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