EE v Canada Employment Insurance Commission

EE v Canada Employment Insurance Commission

Permission to appeal was refused because the Claimant failed to establish any arguable reviewable error: the General Division reasonably found the Claimant was not available for work based on his closed permit and his failure to take steps to change it or seek employment, those factual findings were supported by the evidence and not reviewable on appeal, and no legal error in the interpretation of section 18 EI Act was demonstrated.

Citation
2024 SST 495
Parties
Applicant: E. E.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
9 May 2024
Procedural Posture
Employment Insurance Appeal / Permission to Appeal Stage (leave to Appeal)
Outcome
Permission to appeal refused; appeal will not proceed.
Legal Topics
Availability for Work, Reasonable and Customary Efforts, Leave to Appeal, Findings of Fact Review
Source Language
English
Employment Insurance Administrative Law Social Security Law Availability for Work Reasonable and Customary Efforts Leave to Appeal Findings of Fact Review

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

E. E.

Applicant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance Appeal / Permission to Appeal Stage (leave to Appeal)

Legal Issues

  1. 1 Whether the Claimant was 'capable of and available for work' under the Employment Insurance Act during the period in dispute
  2. 2 Whether the General Division made a reviewable error of fact, law, or procedure that would ground permission to appeal
  3. 3 Whether the Claimant made reasonable efforts to change his closed work permit or seek alternative employment

Ratio Decidendi

Permission to appeal was refused because the Claimant failed to establish any arguable reviewable error: the General Division reasonably found the Claimant was not available for work based on his closed permit and his failure to take steps to change it or seek employment, those factual findings were supported by the evidence and not reviewable on appeal, and no legal error in the interpretation of section 18 EI Act was demonstrated.

Court Disposition

Permission to appeal refused; appeal will not proceed.

Orders

  • Permission to appeal refused; appeal will not proceed.