EC v Canada Employment Insurance Commission

EC v Canada Employment Insurance Commission

Member found claimant had made reasonable and customary job‑search efforts but that her required attendance at scheduled classes unduly limited her availability to take on suitable work; therefore she failed to prove she was capable of and available for work and was disentitled from EI effective January 11, 2021,...

Source-derived case information.

Citation
2022 SST 510
Parties
Appellant: E. C.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
25 March 2022
Procedural Posture
Employment Insurance / General Division Decision
Outcome
Appeal dismissed
Legal Topics
Availability for Work, Job Search Requirements, Student Eligibility, Disentitlement
Source Language
english
Employment Insurance Social Security Law Administrative Law Availability for Work Job Search Requirements Student Eligibility Disentitlement

Source-derived case record

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Parties

E. C.

Appellant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance / General Division Decision

Legal Issues

  1. 1 Whether the claimant was available for work within the meaning of s.18(1)(a) of the Employment Insurance Act
  2. 2 Whether the claimant made reasonable and customary efforts to find a suitable job under s.50(8) and Regs s.9.001
  3. 3 Whether full‑time schooling unduly limited the claimant's availability

Ratio Decidendi

Member found claimant had made reasonable and customary job‑search efforts but that her required attendance at scheduled classes unduly limited her availability to take on suitable work; therefore she failed to prove she was capable of and available for work and was disentitled from EI effective January 11, 2021, and the appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • Claimant is disentitled from receiving Employment Insurance regular benefits effective January 11, 2021
  • Appeal dismissed