AE v Canada Employment Insurance Commission

AE v Canada Employment Insurance Commission

Appellant failed to rebut the presumption of non-availability as a full-time student and, on the statutory tests, did not demonstrate that he wanted to return to work, made no efforts to find suitable employment, and imposed personal conditions that unduly limited his chances of employment; therefore he was disentitled to EI regular benefits for the period in issue and the appeal is dismissed.

Citation
2023 SST 1924
Parties
Appellant: A. E.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
4 July 2023
Procedural Posture
Employment Insurance / General Division Decision
Outcome
Appeal dismissed
Legal Topics
Availability for Work, Full Time Student Presumption, Disentitlement, Job Search Requirements
Source Language
English
Employment Law Social Security Administrative Law Availability for Work Full Time Student Presumption Disentitlement Job Search Requirements

Case Brief

Summary, issues, holding and outcome

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Parties

A. E.

Appellant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance / General Division Decision

Legal Issues

  1. 1 Whether the appellant was available for work while enrolled full-time in university
  2. 2 Whether the presumption of non-availability for full-time students applies and whether it was rebutted
  3. 3 Whether the appellant met the "reasonable and customary efforts" job-search requirement under s.50(8) EI Act

Ratio Decidendi

Appellant failed to rebut the presumption of non-availability as a full-time student and, on the statutory tests, did not demonstrate that he wanted to return to work, made no efforts to find suitable employment, and imposed personal conditions that unduly limited his chances of employment; therefore he was disentitled to EI regular benefits for the period in issue and the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Appellant disentitled from receiving Employment Insurance regular benefits from September 7, 2022 to December 2, 2022