TS v Canada Employment Insurance Commission

TS v Canada Employment Insurance Commission

Because the claimant was on a planned vacation in Florida and did not demonstrate she was "temporarily residing" there under s.55 of the EI Regulations, she failed to prove an applicable exception and was therefore not entitled to EI sickness benefits while outside Canada.

Citation
2022 SST 1271
Parties
Appellant (claimant): T. S.; Respondent (commission): Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
17 October 2022
Procedural Posture
Employment Insurance Appeal / General Division Hearing (appeal of Commission Reconsideration Decision)
Outcome
Appeal dismissed
Legal Topics
EI Sickness Benefits, Absence From Canada, Statutory Exceptions (s.55), Burden of Proof
Source Language
English
Employment Insurance Social Security Administrative Law EI Sickness Benefits Absence From Canada Statutory Exceptions (s.55) Burden of Proof

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Parties

T. S.

Appellant (claimant)

Canada Employment Insurance Commission

Respondent (commission)

Procedural Posture

Employment Insurance Appeal / General Division Hearing (appeal of Commission Reconsideration Decision)

Legal Issues

  1. 1 Entitlement to EI sickness benefits while outside Canada
  2. 2 Application of s.55 EI Regulations exceptions (temporary residence)
  3. 3 Burden on claimant to prove an exception applies

Ratio Decidendi

Because the claimant was on a planned vacation in Florida and did not demonstrate she was "temporarily residing" there under s.55 of the EI Regulations, she failed to prove an applicable exception and was therefore not entitled to EI sickness benefits while outside Canada.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; Commission's decision denying EI sickness benefits for January 10–17, 2022 upheld.