A. E. v. Canada Employment Insurance Commission

A. E. v. Canada Employment Insurance Commission

The General Division correctly applied binding Faucher jurisprudence and found the Applicant failed to discharge the burden of proving availability for work; there is no arguable reviewable error in law or perverse factual finding, therefore the appeal has no reasonable chance of success and leave to appeal (and the extension) is refused.

Citation
2019 SST 296
Parties
Applicant: A. E.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
20 March 2019
Procedural Posture
Employment Insurance Appeal Leave to Appeal / Appeal Division Application for Leave to Appeal (extension of Time Request)
Outcome
Application for leave to appeal refused; extension of time to file application refused.
Legal Topics
Availability for Work, Leave to Appeal, Extension of Time, Standard of Review, Burden of Proof
Source Language
English
Employment Insurance Administrative Law Social Security Availability for Work Leave to Appeal Extension of Time Standard of Review Burden of Proof

Case Brief

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Parties

A. E.

Applicant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance Appeal Leave to Appeal / Appeal Division Application for Leave to Appeal (extension of Time Request)

Legal Issues

  1. 1 Whether the General Division erred in law in applying the legal test for availability for work
  2. 2 Whether the General Division based its decision on a perverse or capricious or unsupported finding of fact
  3. 3 Whether the Appeal Division should grant an extension of time to file the leave application

Ratio Decidendi

The General Division correctly applied binding Faucher jurisprudence and found the Applicant failed to discharge the burden of proving availability for work; there is no arguable reviewable error in law or perverse factual finding, therefore the appeal has no reasonable chance of success and leave to appeal (and the extension) is refused.

Court Disposition

Application for leave to appeal refused; extension of time to file application refused.

Orders

  • Extension of time to file the application for leave to appeal refused
  • Application for leave to appeal refused