BG v Canada Employment Insurance Commission

BG v Canada Employment Insurance Commission

Claimant rebutted the presumption of non-availability by showing prior full-time work while studying and on the balance of probabilities demonstrated reasonable and customary job-search efforts and satisfaction of the three Faucher factors (desire to return, efforts to find work, and no undue personal restrictions), therefore he was capable of and available for work and not disentitled to EI benefits.

Citation
2022 SST 487
Parties
Appellant/claimant: B. G.; Representative: Carrie Reynolds; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
5 May 2022
Procedural Posture
Employment Insurance Appeal to Social Security Tribunal General Division / Decision After Teleconference Hearing
Outcome
Appeal allowed
Legal Topics
Availability for Work, Employment Insurance Benefits, Full Time Student Presumption, Job Search Requirements, Rebuttal of Presumption
Source Language
English
Employment Law Social Security Law Administrative Law Availability for Work Employment Insurance Benefits Full Time Student Presumption Job Search Requirements Rebuttal of Presumption

Case Brief

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Parties

B. G.

Appellant/claimant

Carrie Reynolds

Representative

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance Appeal to Social Security Tribunal General Division / Decision After Teleconference Hearing

Legal Issues

  1. 1 Whether the claimant was available for work while a full-time student
  2. 2 Whether the claimant rebutted the presumption that full-time students are unavailable
  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 rebutted the presumption of non-availability by showing prior full-time work while studying and on the balance of probabilities demonstrated reasonable and customary job-search efforts and satisfaction of the three Faucher factors (desire to return, efforts to find work, and no undue personal restrictions), therefore he was capable of and available for work and not disentitled to EI benefits.

Court Disposition

Appeal allowed

Orders

  • Appeal allowed
  • Claimant is not disentitled from receiving Employment Insurance regular benefits as of September 13, 2021