AN v Canada Employment Insurance Commission

AN v Canada Employment Insurance Commission

Leave to appeal was refused because the appellant failed to demonstrate any arguable reviewable error under s.58(1); the General Division properly considered the evidence, correctly applied the Faucher factors, and reasonably concluded the claimant was not available for work due to setting a personal condition (staying home for childcare) and making insufficient efforts to find employment.

Citation
2022 SST 505
Parties
Applicant: A. N.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
13 June 2022
Procedural Posture
Employment Insurance Appeal / Leave to Appeal (appeal Division)
Outcome
Leave to appeal refused
Legal Topics
Availability for Work, Leave to Appeal, Reviewable Errors, Faucher Factors, Natural Justice
Source Language
English
Employment Insurance Administrative Law Social Security Availability for Work Leave to Appeal Reviewable Errors Faucher Factors Natural Justice

Case Brief

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Parties

A. N.

Applicant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance Appeal / Leave to Appeal (appeal Division)

Legal Issues

  1. 1 Whether the General Division made a reviewable error under s.58(1) of the Department of Employment and Social Development Act
  2. 2 Whether the claimant was available for work during the benefit period
  3. 3 Whether the General Division failed to consider evidence or breached natural justice

Ratio Decidendi

Leave to appeal was refused because the appellant failed to demonstrate any arguable reviewable error under s.58(1); the General Division properly considered the evidence, correctly applied the Faucher factors, and reasonably concluded the claimant was not available for work due to setting a personal condition (staying home for childcare) and making insufficient efforts to find employment.

Court Disposition

Leave to appeal refused

Orders

  • Application for leave to appeal refused; appeal will not proceed.