AE v Canada Employment Insurance Commission

AE v Canada Employment Insurance Commission

Where a claimant demonstrates a sustained ability to work part‑time while attending full‑time studies (work‑study history) this constitutes an exceptional circumstance that can rebut the presumption of non‑availability; assessing availability against the claimant's prior work schedule is legally permissible, so the claimant was available and entitled to benefits for the period in issue.

Citation
2024 SST 112
Parties
Appellant: A. E.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
7 February 2024
Procedural Posture
Employment Insurance / Appeal Division
Outcome
Appeal allowed; rendered decision that claimant was available and entitled to benefits from September 7, 2022 to December 2, 2022.
Legal Topics
Availability for Work, Students and EI, Remedy, Error of Law, Faucher Factors
Source Language
English
Employment Law Administrative Law Social Security Law Availability for Work Students and EI Remedy Error of Law Faucher Factors

Case Brief

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Parties

A. E.

Appellant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance / Appeal Division

Legal Issues

  1. 1 Whether a full‑time student was, nonetheless, available for work under EI rules
  2. 2 Whether the General Division erred in applying the presumption of non‑availability and the Faucher factors
  3. 3 Whether exceptional circumstances rebut the presumption of non‑availability

Ratio Decidendi

Where a claimant demonstrates a sustained ability to work part‑time while attending full‑time studies (work‑study history) this constitutes an exceptional circumstance that can rebut the presumption of non‑availability; assessing availability against the claimant's prior work schedule is legally permissible, so the claimant was available and entitled to benefits for the period in issue.

Court Disposition

Appeal allowed; rendered decision that claimant was available and entitled to benefits from September 7, 2022 to December 2, 2022.

Orders

  • Claimant entitled to Employment Insurance regular benefits for the period September 7, 2022 to December 2, 2022; appeal allowed.