AE v Canada Employment Insurance Commission

AE v Canada Employment Insurance Commission

The appellant rebutted the presumption of non-availability by proving a long-standing work-study history that constituted an exceptional circumstance, demonstrated a continuing desire to return to the labour market, made reasonable and customary job-search efforts compatible with her circumstances and study-permit conditions, and did not impose personal conditions that unduly limited re-employment; therefore she was available for work from January 4, 2021 to April 30, 2021 and entitled to EI benefits for that period, negating any repayment obligation for that period.

Citation
2022 SST 477
Parties
Appellant: A. E.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
6 May 2022
Procedural Posture
Employment Insurance / General Division Decision
Outcome
Appeal allowed
Legal Topics
Availability for Work, Presumption of Non Availability (full Time Students), Reasonable and Customary Efforts to Find Work, Suitable Employment, Reconsideration and Repayment of Benefits, Study Permit Work Restrictions
Source Language
English
Employment Insurance Social Security Administrative Law Immigration Law Availability for Work Presumption of Non Availability (full Time Students) Reasonable and Customary Efforts to Find Work Suitable Employment +2 more

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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 rebutted the presumption that full-time students are unavailable for work
  2. 2 Whether the appellant demonstrated a desire to return to the labour market as soon as suitable work was available
  3. 3 Whether the appellant made reasonable and customary efforts to find suitable employment

Ratio Decidendi

The appellant rebutted the presumption of non-availability by proving a long-standing work-study history that constituted an exceptional circumstance, demonstrated a continuing desire to return to the labour market, made reasonable and customary job-search efforts compatible with her circumstances and study-permit conditions, and did not impose personal conditions that unduly limited re-employment; therefore she was available for work from January 4, 2021 to April 30, 2021 and entitled to EI benefits for that period, negating any repayment obligation for that period.

Court Disposition

Appeal allowed

Orders

  • Appellant entitled to Employment Insurance regular benefits for the period January 4, 2021 to April 30, 2021
  • Appellant is not required to repay benefits for that period; Commission must resolve any related matters in accordance with the Act