CC v Canada Employment Insurance Commission

CC v Canada Employment Insurance Commission

Although the claimant successfully rebutted the presumption of non-availability for the period Oct 5, 2020–Feb 10, 2021 by showing exceptional circumstances (flexible recorded online courses), he failed the three-factor availability test for the whole period Oct 5, 2020–Apr 9, 2021 because his job search was passive (only one or two applications), he imposed personal restrictions (waiting for a deferred start and accepting part-time hours without seeking more work), and thereby was not capable of and available for work; entitlement to EI was therefore denied for that period.

Citation
2022 SST 402
Parties
Appellant: C. C.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
22 January 2022
Procedural Posture
Employment Insurance Appeal / Social Security Tribunal of Canada General Division Decision Following Teleconference Hearing
Outcome
Appeal dismissed
Legal Topics
Availability for Work, Full Time Student Presumption, Reasonable and Customary Efforts, Disentitlement, Rebuttal of Presumption
Source Language
English
Employment Insurance Social Security Administrative Law Availability for Work Full Time Student Presumption Reasonable and Customary Efforts Disentitlement Rebuttal of Presumption

Case Brief

Summary, issues, holding and outcome

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Parties

C. C.

Appellant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance Appeal / Social Security Tribunal of Canada General Division Decision Following Teleconference Hearing

Legal Issues

  1. 1 Was the claimant available for work while in school from October 5, 2020 to April 9, 2021?
  2. 2 Did the presumption of non-availability for full-time students apply and was it rebutted?
  3. 3 Did the claimant make reasonable and customary efforts to find suitable employment?

Ratio Decidendi

Although the claimant successfully rebutted the presumption of non-availability for the period Oct 5, 2020–Feb 10, 2021 by showing exceptional circumstances (flexible recorded online courses), he failed the three-factor availability test for the whole period Oct 5, 2020–Apr 9, 2021 because his job search was passive (only one or two applications), he imposed personal restrictions (waiting for a deferred start and accepting part-time hours without seeking more work), and thereby was not capable of and available for work; entitlement to EI was therefore denied for that period.

Court Disposition

Appeal dismissed

Orders

  • Claimant is disentitled to Employment Insurance regular benefits from October 5, 2020 to April 9, 2021.