Commission de l’assurance-emploi du Canada c CC

Commission de l’assurance-emploi du Canada c CC

The Appeal Division held that the division générale erred in law by failing to apply binding precedent Laughland and by conflating the reg 9.001 "habitual and reasonable" job‑search requirements with the Faucher job‑search element, imposing a stricter test; applying the correct law, the claimant was not justified in voluntarily leaving employment and, on the evidence, was not available for work during her studies (first term unavailable; second term rebuttal of presumption achieved but claimant did not demonstrate desire and active search for full‑time work), therefore Commission's position is upheld on justification and claimant's appeal on availability is dismissed.

Citation
2025 TSS 905
Parties
Appellant (ad 25 335); Respondent (ad 25 354): Commission de l'assurance-emploi du Canada; Respondent (ad 25 335); Appellant (ad 25 354): C. C.
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
29 August 2025
Procedural Posture
Appeal to the Social Security Tribunal Appeal Division Concerning Employment Insurance Benefits / Decision by Appeal Division (final Disposition)
Outcome
Appeal AD-25-335 (Commission) allowed; Appeal AD-25-354 (claimant) dismissed; decision of the division générale corrected: claimant not justified in leaving employment and not entitled to EI benefits for lack of availability.
Legal Topics
Availability for Work, Voluntary Leaving/justification, Standard of Review on Appeal, Charter Discrimination Allegation, Admissibility of New Evidence
Source Language
French
Employment Insurance Administrative Law Constitutional Law Availability for Work Voluntary Leaving/justification Standard of Review on Appeal Charter Discrimination Allegation Admissibility of New Evidence

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Parties

Commission de l'assurance-emploi du Canada

Appellant (ad 25 335); Respondent (ad 25 354)

C. C.

Respondent (ad 25 335); Appellant (ad 25 354)

Procedural Posture

Appeal to the Social Security Tribunal Appeal Division Concerning Employment Insurance Benefits / Decision by Appeal Division (final Disposition)

Legal Issues

  1. 1 Whether claimant was available for work while a full‑time student (s.18(1)(a))
  2. 2 Whether division general misapplied Faucher test for availability
  3. 3 Whether division general exceeded jurisdiction by applying requirement to show "habitual and reasonable" job search (s.50(8) and reg 9.001)

Ratio Decidendi

The Appeal Division held that the division générale erred in law by failing to apply binding precedent Laughland and by conflating the reg 9.001 "habitual and reasonable" job‑search requirements with the Faucher job‑search element, imposing a stricter test; applying the correct law, the claimant was not justified in voluntarily leaving employment and, on the evidence, was not available for work during her studies (first term unavailable; second term rebuttal of presumption achieved but claimant did not demonstrate desire and active search for full‑time work), therefore Commission's position is upheld on justification and claimant's appeal on availability is dismissed.

Court Disposition

Appeal AD-25-335 (Commission) allowed; Appeal AD-25-354 (claimant) dismissed; decision of the division générale corrected: claimant not justified in leaving employment and not entitled to EI benefits for lack of availability.

Orders

  • Allow appeal AD-25-335 and set aside division générale finding that claimant was justified in voluntarily leaving employment; dismiss appeal AD-25-354 and confirm claimant was not available for work for the periods in issue.
  • Do not admit the new evidence appended by the claimant (Annexe A) and do not remit matters to the division générale; render the decision the division générale should have rendered.