EE v Canada Employment Insurance Commission

EE v Canada Employment Insurance Commission

The Appellant was available for work and engaged in a bona fide job search and multi‑stage interview while outside Canada (Aug 21–Sep 12, 2019), satisfying the regulatory exceptions to disentitlement, therefore she is entitled to EI benefits for that period; the Commission lawfully extended its review period and...

Source-derived case information.

Citation
2024 SST 569
Parties
Appellant: E. E.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
22 February 2024
Procedural Posture
Employment Insurance / General Division Decision
Outcome
Appeal allowed in part
Legal Topics
Availability for Work, Benefits While Outside Canada, Penalties for False Statements, Review Period and Limitation
Source Language
english
Employment Insurance Social Security Availability for Work Benefits While Outside Canada Penalties for False Statements Review Period and Limitation

Source-derived case record

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Parties

E. E.

Appellant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance / General Division Decision

Legal Issues

  1. 1 Whether the Commission had power to review the Appellant's benefits beyond three years
  2. 2 Whether the Commission acted fairly in imposing a penalty for false statements
  3. 3 Whether the Appellant was available for work while outside Canada

Ratio Decidendi

The Appellant was available for work and engaged in a bona fide job search and multi‑stage interview while outside Canada (Aug 21–Sep 12, 2019), satisfying the regulatory exceptions to disentitlement, therefore she is entitled to EI benefits for that period; the Commission lawfully extended its review period and validly imposed a non‑monetary warning for knowingly making false statements but that penalty does not bar the entitlement finding.

Court Disposition

Appeal allowed in part

Orders

  • Appellant is entitled to EI benefits for the period August 21, 2019 to September 12, 2019
  • Appeal dismissed on issues concerning the Commission's authority to review benefits and the fairness of imposing a non‑monetary penalty (warning)