AP v Canada Employment Insurance Commission

AP v Canada Employment Insurance Commission

The appeal is dismissed because the Appeal Division found no reviewable error: the General Division's factual findings that the claimant limited his job search to internships/restaurants and set personal conditions by prioritizing schooling were supported by the evidence and were not perverse or capricious; new...

Source-derived case information.

Citation
2023 SST 309
Parties
Appellant / Claimant: A. P.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
17 March 2023
Procedural Posture
Employment Insurance Appeal / Appeal Division Decision
Outcome
Appeal dismissed; claimant disentitled from Employment Insurance benefits for October 5, 2020 to January 10, 2021 and August 15, 2021 to September 11, 2021.
Legal Topics
Availability for Work, Overpayment, Student Status, Admissibility of Evidence, Appeal Review Standard
Source Language
english
Employment Insurance Social Security Administrative Law Availability for Work Overpayment Student Status Admissibility of Evidence Appeal Review Standard

Source-derived case record

Summary, issues, holding and outcome

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Parties

A. P.

Appellant / Claimant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance Appeal / Appeal Division Decision

Legal Issues

  1. 1 Whether the General Division made factual errors regarding the claimant's availability for work
  2. 2 Whether new evidence should be admitted on appeal
  3. 3 Whether the claimant set personal conditions that limited his availability

Ratio Decidendi

The appeal is dismissed because the Appeal Division found no reviewable error: the General Division's factual findings that the claimant limited his job search to internships/restaurants and set personal conditions by prioritizing schooling were supported by the evidence and were not perverse or capricious; new evidence offered on appeal was inadmissible and could not alter that conclusion, thus the claimant is disentitled for the specified periods.

Court Disposition

Appeal dismissed; claimant disentitled from Employment Insurance benefits for October 5, 2020 to January 10, 2021 and August 15, 2021 to September 11, 2021.

Orders

  • Appeal dismissed.
  • Claimant remains liable for overpayment covering the specified periods; claimant may contact Canada Revenue Agency to request financial assessment and possible write-off or to arrange repayment as set out on the Notice of Debt.