G. T. v. Canada Employment Insurance Commission

G. T. v. Canada Employment Insurance Commission

The Tribunal concluded the claimant satisfied the legal test for availability by demonstrating sustained, reasonable and customary job search efforts after his medically justified illness; accordingly his disentitlement to EI benefits was terminated effective November 4, 2016.

Source-derived case information.

Citation
2017 SSTGDEI 95
Parties
Claimant: G. T.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
23 June 2017
Procedural Posture
Employment Insurance Appeal / General Division Decision
Outcome
Appeal allowed
Legal Topics
Availability for Work, Sickness Benefits, Disentitlement, Job Search Requirements, Modified Duties
Source Language
english
Employment Insurance Administrative Law Social Security Availability for Work Sickness Benefits Disentitlement Job Search Requirements Modified Duties

Source-derived case record

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Parties

G. T.

Claimant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance Appeal / General Division Decision

Legal Issues

  1. 1 Whether the claimant proved availability for work under paragraph 18(1)(a) of the Employment Insurance Act
  2. 2 Whether the claimant made reasonable and customary efforts to obtain suitable employment under section 50 of the EI Act and section 9.1 of the Regulations
  3. 3 Whether the claimant's disentitlement should be terminated and, if so, the effective date of termination

Ratio Decidendi

The Tribunal concluded the claimant satisfied the legal test for availability by demonstrating sustained, reasonable and customary job search efforts after his medically justified illness; accordingly his disentitlement to EI benefits was terminated effective November 4, 2016.

Court Disposition

Appeal allowed

Orders

  • Disentitlement to Employment Insurance benefits terminated effective November 4, 2016