HM v Canada Employment Insurance Commission

HM v Canada Employment Insurance Commission

Member found claimant rebutted the presumption of non-availability for the period October 13 to December 17, 2021, and on balance of probabilities proved he made reasonable and customary efforts to find work and met the Faucher availability factors; therefore the claimant was not disentitled from EI benefits and the appeal is allowed (availability established until claimant started new employment on January 24, 2022).

Citation
2022 SST 935
Parties
Appellant/claimant: H. M.; Respondent/commission: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
18 April 2022
Procedural Posture
Employment Insurance / Appeal to General Division Hearing and Decision
Outcome
Appeal allowed
Legal Topics
Availability for Work, Availability While in School/training, Disentitlement
Source Language
English
Employment Insurance Availability for Work Availability While in School/training Disentitlement

Case Brief

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Parties

H. M.

Appellant/claimant

Canada Employment Insurance Commission

Respondent/commission

Procedural Posture

Employment Insurance / Appeal to General Division Hearing and Decision

Legal Issues

  1. 1 Was the claimant available for work while in school?
  2. 2 Whether the presumption that full-time students are unavailable applies and whether it was rebutted
  3. 3 Whether the claimant made reasonable and customary efforts to find a job (s.50(8) and s.9.001)

Ratio Decidendi

Member found claimant rebutted the presumption of non-availability for the period October 13 to December 17, 2021, and on balance of probabilities proved he made reasonable and customary efforts to find work and met the Faucher availability factors; therefore the claimant was not disentitled from EI benefits and the appeal is allowed (availability established until claimant started new employment on January 24, 2022).

Court Disposition

Appeal allowed

Orders

  • Appeal allowed
  • Reconsideration decision of the Commission set aside