EA v Canada Employment Insurance Commission

EA v Canada Employment Insurance Commission

Permission to appeal is refused because the applicant failed to identify an arguable reviewable error: the General Division correctly applied s.25 regarding unauthorized training and correctly found the claimant was not available for work given her prioritization of schooling and insufficient job search efforts, so...

Source-derived case information.

Citation
2024 SST 1152
Parties
Applicant/claimant: E. A.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
1 October 2024
Procedural Posture
Employment Insurance / Appeal Division Application for Leave to Appeal
Outcome
Permission to appeal refused
Legal Topics
Availability for Work, Unauthorized Training, Presumption of Non Availability, Leave to Appeal, Standard of Review
Source Language
english
Employment Insurance Administrative Law Social Security Availability for Work Unauthorized Training Presumption of Non Availability Leave to Appeal Standard of Review

Source-derived case record

Summary, issues, holding and outcome

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Parties

E. A.

Applicant/claimant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance / Appeal Division Application for Leave to Appeal

Legal Issues

  1. 1 Whether the appellant raised an arguable reviewable error to justify permission to appeal
  2. 2 Whether the General Division erred in finding the claimant attended unauthorized training and was therefore not entitled to benefits
  3. 3 Whether the General Division erred in finding the claimant was not available for work while attending school

Ratio Decidendi

Permission to appeal is refused because the applicant failed to identify an arguable reviewable error: the General Division correctly applied s.25 regarding unauthorized training and correctly found the claimant was not available for work given her prioritization of schooling and insufficient job search efforts, so the appeal has no reasonable chance of success.

Court Disposition

Permission to appeal refused

Orders

  • Permission to appeal refused; appeal will not proceed.