Canada Employment Insurance Commission v VE

Canada Employment Insurance Commission v VE

The General Division properly evaluated the evidence, reasonably preferred the Claimant's hearing testimony over contrary agent statements, found the presumption of non-availability rebutted based on prior full-time work while studying and the nature of the course delivery, and did not commit a legal error or an...

Source-derived case information.

Citation
2022 SST 305
Parties
Appellant: Canada Employment Insurance Commission; Respondent: V. E.
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
18 April 2022
Procedural Posture
Employment Insurance (ei) Appeal / Appeal Division Decision
Outcome
Appeal dismissed
Legal Topics
Availability for Work, Presumption of Non Availability, Error of Law, Error of Fact, Reweighing Evidence, Benefit Disentitlement
Source Language
english
Employment Insurance Social Security Administrative Law Tribunal Procedure Availability for Work Presumption of Non Availability Error of Law Error of Fact +2 more

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Parties

Canada Employment Insurance Commission

Appellant

V. E.

Respondent

Procedural Posture

Employment Insurance (ei) Appeal / Appeal Division Decision

Legal Issues

  1. 1 Did the General Division err in law by ignoring the Claimant's statements to a Commission agent?
  2. 2 Did the General Division base its decision on an important error of fact regarding evidence of the Claimant's job search efforts?

Ratio Decidendi

The General Division properly evaluated the evidence, reasonably preferred the Claimant's hearing testimony over contrary agent statements, found the presumption of non-availability rebutted based on prior full-time work while studying and the nature of the course delivery, and did not commit a legal error or an important factual error; therefore the Appeal Division must dismiss the appeal since it cannot reweigh evidence.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed