ET v Canada Employment Insurance Commission

ET v Canada Employment Insurance Commission

The appeal is allowed because the appellant proved availability for work from December 16, 2020 to September 4, 2021: the pandemic provision s.153.161 removed the presumption of non-availability for students for the period at issue, the appellant satisfied the Faucher factors (wanted to work, made reasonable efforts to find additional hours, did not unduly limit her job search and remained as available as prior to her claim), and therefore she was not disentitled to EI benefits on availability grounds for that period.

Citation
2024 SST 1069
Parties
Appellant: E. T.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
3 September 2024
Procedural Posture
Employment Insurance / General Division Hearing on Remitted Appeal From Appeal Division and Federal Court of Appeal
Outcome
Appeal allowed
Legal Topics
Availability for Work, Students and Pandemic Rules, Reconsideration Policy, Overpayments
Source Language
English
Employment Insurance Administrative Law Social Security Availability for Work Students and Pandemic Rules Reconsideration Policy Overpayments

Case Brief

Summary, issues, holding and outcome

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Parties

E. T.

Appellant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance / General Division Hearing on Remitted Appeal From Appeal Division and Federal Court of Appeal

Legal Issues

  1. 1 Was the appellant available for work from December 16, 2020 to September 4, 2021?
  2. 2 Does the presumption of non-availability for full-time students apply given s.153.161 pandemic rules?
  3. 3 Whether Commission acted judicially in exercising its reconsideration power (obiter)

Ratio Decidendi

The appeal is allowed because the appellant proved availability for work from December 16, 2020 to September 4, 2021: the pandemic provision s.153.161 removed the presumption of non-availability for students for the period at issue, the appellant satisfied the Faucher factors (wanted to work, made reasonable efforts to find additional hours, did not unduly limit her job search and remained as available as prior to her claim), and therefore she was not disentitled to EI benefits on availability grounds for that period.

Court Disposition

Appeal allowed

Orders

  • Appellant found available for work from December 16, 2020 to September 4, 2021
  • Appellant not disentitled from receiving EI benefits for December 16, 2020 to September 4, 2021 on availability grounds