AJ c Commission de l’assurance-emploi du Canada

AJ c Commission de l’assurance-emploi du Canada

The Appeal Division concluded the General Division erred by requiring evidence of prior full‑time employment to rebut the student non‑availability presumption; the appellant’s long‑term part‑time employment while enrolled full‑time constituted an exceptional circumstance that rebutted the presumption, and he met the...

Source-derived case information.

Citation
2026 TSS 97
Parties
Appellant: A. J.; Respondent: Commission de l’assurance-emploi du Canada
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
13 February 2026
Procedural Posture
Employment Insurance Appeal / Appeal Division Decision
Outcome
Appeal allowed; appellant found eligible for regular Employment Insurance benefits
Legal Topics
Availability for Work, Students and Availability Presumption, Refutable Presumption, Faucher Criteria, Suitable Employment Determination
Source Language
french
Employment Insurance Administrative Law Social Security Availability for Work Students and Availability Presumption Refutable Presumption Faucher Criteria Suitable Employment Determination

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Parties

A. J.

Appellant

Commission de l’assurance-emploi du Canada

Respondent

Procedural Posture

Employment Insurance Appeal / Appeal Division Decision

  1. 1 Whether the General Division erred in concluding the appellant was not available for work due to full‑time studies
  2. 2 Whether the General Division misapplied the third Faucher criterion by effectively requiring prior full‑time employment to rebut the presumption
  3. 3 Whether the General Division misinterpreted Page regarding definition of suitable employment relative to prior employment

Ratio Decidendi

The Appeal Division concluded the General Division erred by requiring evidence of prior full‑time employment to rebut the student non‑availability presumption; the appellant’s long‑term part‑time employment while enrolled full‑time constituted an exceptional circumstance that rebutted the presumption, and he met the three‑factor availability test (desire, reasonable job search, no undue personal limitations); therefore he was eligible for regular EI benefits from April 28, 2025.

Court Disposition

Appeal allowed; appellant found eligible for regular Employment Insurance benefits

Orders

  • Appeal allowed.
  • Decision of the General Division is set aside and replaced: the appellant is eligible for regular employment insurance benefits effective April 28, 2025.