RC v Canada Employment Insurance Commission

RC v Canada Employment Insurance Commission

The presumption of non-availability for full-time students was rebutted by the claimant's prior extracurricular/volunteer work and exceptional circumstances, and the claimant demonstrated reasonable and customary job-search efforts and met the Faucher factors (intent to return, active efforts, no undue personal conditions); therefore she was capable of and available for work and not disentitled from EI benefits.

Citation
2022 SST 1009
Parties
Appellant (claimant): R. C.; Respondent (commission): Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
22 April 2022
Procedural Posture
Employment Insurance / General Division Decision (appeal Hearing)
Outcome
Appeal allowed
Legal Topics
Availability for Work, Full Time Student Presumption, Disentitlement, Job Search Requirements, Reasonable and Customary Efforts
Source Language
English
Employment Insurance Administrative Law Social Security Law Availability for Work Full Time Student Presumption Disentitlement Job Search Requirements Reasonable and Customary Efforts

Case Brief

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Parties

R. C.

Appellant (claimant)

Canada Employment Insurance Commission

Respondent (commission)

Procedural Posture

Employment Insurance / General Division Decision (appeal Hearing)

Legal Issues

  1. 1 Whether the claimant was available for work while attending full-time studies
  2. 2 Whether the presumption of non-availability for full-time students was rebutted
  3. 3 Whether the claimant made reasonable and customary efforts to obtain suitable employment

Ratio Decidendi

The presumption of non-availability for full-time students was rebutted by the claimant's prior extracurricular/volunteer work and exceptional circumstances, and the claimant demonstrated reasonable and customary job-search efforts and met the Faucher factors (intent to return, active efforts, no undue personal conditions); therefore she was capable of and available for work and not disentitled from EI benefits.

Court Disposition

Appeal allowed

Orders

  • Appeal allowed; claimant not disentitled from Employment Insurance regular benefits for the period September 6, 2021 to April 8, 2022; claimant may be entitled to benefits.