DU v Canada Employment Insurance Commission

DU v Canada Employment Insurance Commission

The appellant failed to prove his absence fell within any statutory exception under section 55 of the EI Regulations and his absence was to pursue a personal relationship rather than a bona fide job search or interview, so he was disentitled to EI benefits for the period in question.

Source-derived case information.

Citation
2023 SST 2009
Parties
Appellant: D. U.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
22 November 2023
Procedural Posture
Employment Insurance / Appeal to Social Security Tribunal General Division (hearing)
Outcome
Appeal dismissed; appellant disentitled to EI benefits for the period February 2, 2023 to March 29, 2023
Legal Topics
Absence From Canada, Availability for Work, Job Search, Eligibility, Regulatory Exceptions
Source Language
english
Employment Insurance Administrative Law Social Security Absence From Canada Availability for Work Job Search Eligibility Regulatory Exceptions

Source-derived case record

Summary, issues, holding and outcome

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Parties

D. U.

Appellant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance / Appeal to Social Security Tribunal General Division (hearing)

Legal Issues

  1. 1 Whether the appellant is entitled to EI benefits while outside Canada
  2. 2 Whether the appellant's absence falls within exceptions in section 55 of the EI Regulations
  3. 3 Whether the appellant was conducting a bona fide job search or attending a job interview while outside Canada

Ratio Decidendi

The appellant failed to prove his absence fell within any statutory exception under section 55 of the EI Regulations and his absence was to pursue a personal relationship rather than a bona fide job search or interview, so he was disentitled to EI benefits for the period in question.

Court Disposition

Appeal dismissed; appellant disentitled to EI benefits for the period February 2, 2023 to March 29, 2023

Orders

  • Appeal dismissed
  • Appellant not entitled to Employment Insurance benefits for the period February 2, 2023 to March 29, 2023