TS v Canada Employment Insurance Commission

TS v Canada Employment Insurance Commission

Leave to appeal is refused because the Applicant did not show an arguable case of jurisdictional error or an important error of fact: the General Division addressed the sole issue from the reconsideration decision (availability), applied the student presumption and the Faucher factors, and its key factual findings...

Source-derived case information.

Citation
2025 SST 367
Parties
Applicant/claimant: T. S.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
11 April 2025
Procedural Posture
Employment Insurance (ei) / Leave to Appeal to Appeal Division
Outcome
Application for leave to appeal refused
Legal Topics
Availability for Work, Leave to Appeal, Grounds of Appeal, Jurisdiction, Error of Fact, Faucher Factors, Student Presumption
Source Language
english
Employment Insurance Administrative Law Social Security Availability for Work Leave to Appeal Grounds of Appeal Jurisdiction Error of Fact +2 more

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Parties

T. S.

Applicant/claimant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance (ei) / Leave to Appeal to Appeal Division

Legal Issues

  1. 1 Whether the General Division committed an error of jurisdiction in its decision
  2. 2 Whether the General Division made an important error of fact in finding the claimant not available for work
  3. 3 Whether the legal presumption regarding full‑time students and availability applies

Ratio Decidendi

Leave to appeal is refused because the Applicant did not show an arguable case of jurisdictional error or an important error of fact: the General Division addressed the sole issue from the reconsideration decision (availability), applied the student presumption and the Faucher factors, and its key factual findings are supported by the evidence and were not overlooked or misunderstood.

Court Disposition

Application for leave to appeal refused

Orders

  • Leave to appeal refused; the appeal will not proceed.