FA v Canada Employment Insurance Commission

FA v Canada Employment Insurance Commission

The application for leave to appeal is refused because the claimant failed to raise an arguable case that the General Division committed a relevant error: there is no evidence he received the requisite medical treatment outside Canada or that such treatment was not available in his area of residence, so he remains disentitled under s.37(b) for absence from Canada and the appeal has no reasonable chance of success.

Citation
2022 SST 395
Parties
Applicant / Claimant: F. A.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
18 May 2022
Procedural Posture
Employment Insurance Appeal — Leave to Appeal to Appeal Division / Permission to Appeal (step One)
Outcome
Application for leave to appeal refused
Legal Topics
Absence From Canada, Medical Treatment Abroad, Repayment of Benefits, Leave to Appeal, Availability for Work
Source Language
English
Employment Insurance Administrative Law Social Security Absence From Canada Medical Treatment Abroad Repayment of Benefits Leave to Appeal Availability for Work

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Parties

F. A.

Applicant / Claimant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance Appeal — Leave to Appeal to Appeal Division / Permission to Appeal (step One)

Legal Issues

  1. 1 Whether the General Division ignored or misinterpreted evidence such that an appeal might succeed
  2. 2 Whether s.55(1)(a) of the Employment Insurance Regulations applies (medical treatment outside Canada not readily or immediately available in area of residence)
  3. 3 Whether the claimant is disentitled under s.37(b) of the Employment Insurance Act for absence from Canada

Ratio Decidendi

The application for leave to appeal is refused because the claimant failed to raise an arguable case that the General Division committed a relevant error: there is no evidence he received the requisite medical treatment outside Canada or that such treatment was not available in his area of residence, so he remains disentitled under s.37(b) for absence from Canada and the appeal has no reasonable chance of success.

Court Disposition

Application for leave to appeal refused

Orders

  • Permission to appeal refused; appeal will not proceed