ND v Canada Employment Insurance Commission

ND v Canada Employment Insurance Commission

Claimant was a full-time student (30–35 hours/week) and failed to rebut the presumption of non-availability; Commission did not adequately request job-search evidence so s.50 disentitlement fails, but on the Faucher three-factor analysis the claimant did not show she would have been available absent injury nor that...

Source-derived case information.

Citation
2022 SST 244
Parties
Claimant: N. D.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
24 March 2022
Procedural Posture
Employment Insurance Appeal to Social Security Tribunal General Division / General Division Hearing on Appeal of Commission Reconsideration Decision (teleconference)
Outcome
Appeal dismissed with modification; claimant disentitled under sections 18(1)(a) and 18(1)(b) of the Employment Insurance Act; not disentitled under section 50.
Legal Topics
Availability for Work, EI Sickness Benefits, Full Time Student Presumption, Disentitlement Under S.50, Adjournment Procedure
Source Language
english
Employment Insurance Social Security Administrative Law Availability for Work EI Sickness Benefits Full Time Student Presumption Disentitlement Under S.50 Adjournment Procedure

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Parties

N. D.

Claimant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance Appeal to Social Security Tribunal General Division / General Division Hearing on Appeal of Commission Reconsideration Decision (teleconference)

Legal Issues

  1. 1 Whether the claimant was otherwise available for work while a full-time student
  2. 2 Whether the presumption of non-availability for full-time students applied and was rebutted
  3. 3 Whether the claimant made reasonable and customary efforts to find suitable employment under s.50(8) and Reg. 9.001

Ratio Decidendi

Claimant was a full-time student (30–35 hours/week) and failed to rebut the presumption of non-availability; Commission did not adequately request job-search evidence so s.50 disentitlement fails, but on the Faucher three-factor analysis the claimant did not show she would have been available absent injury nor that she currently meets availability for regular benefits; therefore disentitled under s.18(1)(a) and s.18(1)(b) of the EI Act and appeal is dismissed with modification.

Court Disposition

Appeal dismissed with modification; claimant disentitled under sections 18(1)(a) and 18(1)(b) of the Employment Insurance Act; not disentitled under section 50.

Orders

  • Appeal dismissed with modification
  • Claimant disentitled from EI sickness benefits under s.18(1)(b) and EI regular benefits under s.18(1)(a)