VA v Canada Employment Insurance Commission

VA v Canada Employment Insurance Commission

The appeal is allowed because the claim was for the Emergency Response Benefit under Part VIII.4, and section 18 of Part I (availability) does not apply to Part VIII.4 ERB claims; the Commission conceded this point and the disentitlement under s.18 cannot stand for ERB claims.

Source-derived case information.

Citation
2020 SST 958
Parties
Appellant/claimant: VA; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
22 October 2020
Procedural Posture
Employment Insurance / General Division Appeal
Outcome
Appeal allowed
Legal Topics
Availability for Work, Emergency Response Benefit (erb), Disentitlement, Statutory Interpretation of Part Viii.4
Source Language
english
Employment Insurance Administrative Law Availability for Work Emergency Response Benefit (erb) Disentitlement Statutory Interpretation of Part Viii.4

Source-derived case record

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Parties

VA

Appellant/claimant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance / General Division Appeal

Legal Issues

  1. 1 Whether the claimant proved he was available for work
  2. 2 Whether section 18 of the Employment Insurance Act applies to Part VIII.4 Emergency Response Benefit claims

Ratio Decidendi

The appeal is allowed because the claim was for the Emergency Response Benefit under Part VIII.4, and section 18 of Part I (availability) does not apply to Part VIII.4 ERB claims; the Commission conceded this point and the disentitlement under s.18 cannot stand for ERB claims.

Court Disposition

Appeal allowed

Orders

  • Appeal allowed
  • Claimant is not required to prove availability under section 18 of the Employment Insurance Act for Emergency Response Benefit claims under Part VIII.4