AZ v Canada Employment Insurance Commission

AZ v Canada Employment Insurance Commission

The member found the claimant was a full‑time student and did not rebut the presumption of non‑availability; although the claimant demonstrated desire and sustained efforts to find work, his school attendance constituted a personal condition that unduly limited availability; the Commission did not request a detailed...

Source-derived case information.

Citation
2022 SST 579
Parties
Claimant: A. Z.; Representative: V. Z.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
20 April 2022
Procedural Posture
Employment Insurance Appeal From Commission Reconsideration / General Division Decision on Appeal From Commission Reconsideration
Outcome
Appeal dismissed with modification; claimant disentitled under paragraph 18(1)(a) of the Employment Insurance Act for March 29, 2021 to June 22, 2021; not disentitled under section 50(8).
Legal Topics
Availability for Work, Full‑time Student Presumption, Reasonable and Customary Efforts, Disentitlement, Overpayment
Source Language
english
Employment Insurance Administrative Law Social Security Availability for Work Full‑time Student Presumption Reasonable and Customary Efforts Disentitlement Overpayment

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 10 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

A. Z.

Claimant

V. Z.

Representative

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance Appeal From Commission Reconsideration / General Division Decision on Appeal From Commission Reconsideration

Legal Issues

  1. 1 Was the claimant available for work while in school?
  2. 2 Does 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 work?

Ratio Decidendi

The member found the claimant was a full‑time student and did not rebut the presumption of non‑availability; although the claimant demonstrated desire and sustained efforts to find work, his school attendance constituted a personal condition that unduly limited availability; the Commission did not request a detailed job search record so disentitlement under s.50 was not upheld, but the claimant was disentitled under s.18(1)(a) for the period March 29, 2021 to June 22, 2021.

Court Disposition

Appeal dismissed with modification; claimant disentitled under paragraph 18(1)(a) of the Employment Insurance Act for March 29, 2021 to June 22, 2021; not disentitled under section 50(8).

Orders

  • Appeal dismissed with modification
  • Claimant disentitled from EI regular benefits for the period March 29, 2021 to June 22, 2021 under paragraph 18(1)(a) of the Employment Insurance Act