RS v Canada Employment Insurance Commission

RS v Canada Employment Insurance Commission

Leave to appeal refused because there is no arguable case that the General Division made an important error of fact: the General Division's findings that the claimant failed to rebut the presumption of non-availability as a full-time student and failed two Faucher factors were supported by the evidence, and the...

Source-derived case information.

Citation
2024 SST 523
Parties
Applicant/claimant: R. S.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
13 May 2024
Procedural Posture
Employment Insurance / Leave to Appeal (appeal Division)
Outcome
Application for leave to appeal refused; appeal will not proceed.
Legal Topics
Availability for Work, Student Availability, Leave to Appeal, Faucher Test, Training Referral Approval
Source Language
english
Employment Insurance Administrative Law Tribunal Procedure Availability for Work Student Availability Leave to Appeal Faucher Test Training Referral Approval

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Parties

R. S.

Applicant/claimant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance / Leave to Appeal (appeal Division)

Legal Issues

  1. 1 Whether the General Division made an important error of fact
  2. 2 Whether the Claimant rebutted presumption of non-availability as a full-time student
  3. 3 Whether the Claimant satisfied the Faucher availability factors

Ratio Decidendi

Leave to appeal refused because there is no arguable case that the General Division made an important error of fact: the General Division's findings that the claimant failed to rebut the presumption of non-availability as a full-time student and failed two Faucher factors were supported by the evidence, and the Appeal Division cannot consider new evidence or reweigh the General Division's factual findings.

Court Disposition

Application for leave to appeal refused; appeal will not proceed.

Orders

  • Leave to appeal refused