G. L. v. Canada Employment Insurance Commission

G. L. v. Canada Employment Insurance Commission

Leave to appeal was refused because the claimant failed to establish an arguable reviewable error; the General Division considered the evidence, properly applied the Faucher factors, and reasonably found the claimant was not available for work, prioritizing seasonal employment and not conducting sustained job searches.

Source-derived case information.

Citation
2019 SST 625
Parties
Claimant: G. L.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
4 July 2019
Procedural Posture
Employment Insurance Leave to Appeal / Application for Leave to Appeal to Appeal Division
Outcome
Leave to appeal refused
Legal Topics
Availability for Work, Disentitlement, Leave to Appeal, Standard of Review, Faucher Factors
Source Language
english
Employment Law Administrative Law Social Security Employment Insurance Availability for Work Disentitlement Leave to Appeal Standard of Review +1 more

Source-derived case record

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Parties

G. L.

Claimant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance Leave to Appeal / Application for Leave to Appeal to Appeal Division

Legal Issues

  1. 1 Whether the General Division erred in finding the claimant not available for work under section 18(1)(a) of the Employment Insurance Act
  2. 2 Whether the General Division made an erroneous finding of fact per section 58(1) of the DESD Act (perverse, capricious or without regard for material)
  3. 3 Whether the application for leave to appeal meets the threshold of an arguable reviewable error

Ratio Decidendi

Leave to appeal was refused because the claimant failed to establish an arguable reviewable error; the General Division considered the evidence, properly applied the Faucher factors, and reasonably found the claimant was not available for work, prioritizing seasonal employment and not conducting sustained job searches.

Court Disposition

Leave to appeal refused

Orders

  • Application for leave to appeal refused