CL v Canada Employment Insurance Commission

CL v Canada Employment Insurance Commission

The claimant did not rebut the presumption of non‑availability for full‑time students and, in any event, failed all three Faucher factors because he lacked a demonstrated willingness to return to full‑time work during the course, engaged only minimal job search, and his full‑time training hours unduly limited his...

Source-derived case information.

Citation
2022 SST 560
Parties
Appellant: C.L.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
10 March 2022
Procedural Posture
Employment Insurance / General Division Decision
Outcome
Appeal dismissed; claimant disentitled to Employment Insurance benefits from September 7, 2021 while enrolled in the full‑time training course.
Legal Topics
Availability for Work, Student Disentitlement, Faucher Factors, Reconsideration and Appeal
Source Language
english
Employment Insurance Administrative Law Social Security Availability for Work Student Disentitlement Faucher Factors Reconsideration and Appeal

Source-derived case record

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Parties

C.L.

Appellant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance / General Division Decision

Legal Issues

  1. 1 Whether the claimant rebutted the presumption that full-time students are unavailable for work while enrolled (from September 7, 2021).
  2. 2 Whether the claimant satisfied the three Faucher factors (desire to return to work, active job search, absence of personal conditions unduly limiting availability) for every working day of the benefit period.

Ratio Decidendi

The claimant did not rebut the presumption of non‑availability for full‑time students and, in any event, failed all three Faucher factors because he lacked a demonstrated willingness to return to full‑time work during the course, engaged only minimal job search, and his full‑time training hours unduly limited his availability; therefore he is disentitled to EI benefits from September 7, 2021.

Court Disposition

Appeal dismissed; claimant disentitled to Employment Insurance benefits from September 7, 2021 while enrolled in the full‑time training course.

Orders

  • Appeal dismissed.
  • No EI benefits payable for the period the claimant was enrolled in full‑time training starting September 7, 2021.