AH v Canada Employment Insurance Commission

AH v Canada Employment Insurance Commission

The appellant failed to prove on a balance of probabilities that she was available for work because her job search was not sustained or reasonably customary (only one application in the July–August period and five overall), so she did not meet the Regulations' reasonable‑and‑customary standard nor the Faucher...

Source-derived case information.

Citation
2023 SST 2037
Parties
Appellant: A. H.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
27 November 2023
Procedural Posture
Employment Insurance Appeal (reconsideration) / General Division Decision (teleconference Hearing)
Outcome
Appeal dismissed
Legal Topics
Availability for Work, Reasonable and Customary Efforts, Capable of and Available for Work, Benefit Period Cancellation, Jurisdiction, Disentitlement
Source Language
english
Employment Insurance Administrative Law Social Security Availability for Work Reasonable and Customary Efforts Capable of and Available for Work Benefit Period Cancellation Jurisdiction +1 more

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Parties

A. H.

Appellant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance Appeal (reconsideration) / General Division Decision (teleconference Hearing)

Legal Issues

  1. 1 Whether the appellant was available for work from July 2, 2023
  2. 2 Whether the appellant made reasonable and customary efforts to find suitable employment
  3. 3 Whether the appellant was capable of and available for work under the Faucher factors

Ratio Decidendi

The appellant failed to prove on a balance of probabilities that she was available for work because her job search was not sustained or reasonably customary (only one application in the July–August period and five overall), so she did not meet the Regulations' reasonable‑and‑customary standard nor the Faucher three‑factor test; the Tribunal had jurisdiction to decide availability from July 2, 2023, while the April 9–July 2, 2023 period is moot due to cancellation.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Appellant disentitled from Employment Insurance benefits effective July 2, 2023