KT v Canada Employment Insurance Commission

KT v Canada Employment Insurance Commission

For January 12, 2021 to April 30, 2021 the Commission had made an initial decision approving training and paying benefits; although the Commission had statutory power to review that decision, it exercised its discretion in a non-judicial manner amounting to bad faith when it reversed the prior approval based on the same facts, so the original approval stands and disentitlement is not justified for that period. For September 7, 2021 to April 8, 2022 there was no prior decision and the claimant, because of her scheduled schooling, was not available for work and the disentitlement for that period is upheld.

Citation
2022 SST 457
Parties
Appellant: K. T.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
11 April 2022
Procedural Posture
Employment Insurance / General Division Decision on Appeal
Outcome
Appeal dismissed with modification
Legal Topics
Availability for Work, Disentitlement, Review and Reconsideration, Bad Faith in Administrative Decision Making, Training and Student Eligibility
Source Language
English
Employment Insurance Administrative Law Availability for Work Disentitlement Review and Reconsideration Bad Faith in Administrative Decision Making Training and Student Eligibility

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 6 Authorities cited 16 Party arguments 2
Sign in to unlock

Parties

K. T.

Appellant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance / General Division Decision on Appeal

Legal Issues

  1. 1 Whether the Commission made an initial decision approving the claimant's training prior to December 17, 2021
  2. 2 Whether the Commission could review that initial decision
  3. 3 Whether the Commission exercised its discretion judicially or acted in bad faith when reviewing the initial decision

Ratio Decidendi

For January 12, 2021 to April 30, 2021 the Commission had made an initial decision approving training and paying benefits; although the Commission had statutory power to review that decision, it exercised its discretion in a non-judicial manner amounting to bad faith when it reversed the prior approval based on the same facts, so the original approval stands and disentitlement is not justified for that period. For September 7, 2021 to April 8, 2022 there was no prior decision and the claimant, because of her scheduled schooling, was not available for work and the disentitlement for that period is upheld.

Court Disposition

Appeal dismissed with modification

Orders

  • Original decision approving benefits for January 12, 2021 to April 30, 2021 is reinstated; claimant is not disentitled for that period
  • Disentitlement is upheld for the period September 7, 2021 to April 8, 2022