RD v Canada Employment Insurance Commission

RD v Canada Employment Insurance Commission

Appellant failed to meet the burden to show availability: he did not demonstrate sustained reasonable and customary job-search efforts, he imposed a personal condition of not leaving school for employment that unduly limited re-employment, and thus was not capable of and available for work under the Act; appeal dismissed.

Citation
2022 SST 472
Parties
Appellant (claimant): R. D.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
17 January 2022
Procedural Posture
Employment Insurance (ei) Appeal / General Division Decision
Outcome
Appeal dismissed
Legal Topics
Availability for Work, Reasonable and Customary Efforts to Find Employment, Student Availability Presumption, Disentitlement From EI Benefits, Overpayment Recovery
Source Language
English
Employment Law Social Security Law Administrative Law Availability for Work Reasonable and Customary Efforts to Find Employment Student Availability Presumption Disentitlement From EI Benefits Overpayment Recovery

Case Brief

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Parties

R. D.

Appellant (claimant)

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance (ei) Appeal / General Division Decision

Legal Issues

  1. 1 Was the Appellant available for work while in school?
  2. 2 Did the Appellant make reasonable and customary efforts to find suitable employment?
  3. 3 Was the Appellant capable of and available for work under section 18(1)(a) of the Act?

Ratio Decidendi

Appellant failed to meet the burden to show availability: he did not demonstrate sustained reasonable and customary job-search efforts, he imposed a personal condition of not leaving school for employment that unduly limited re-employment, and thus was not capable of and available for work under the Act; appeal dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed