LB v Canada Employment Insurance Commission

LB v Canada Employment Insurance Commission

The General Division’s finding that the Claimant set personal conditions restricting availability was not supported by evidence; because gaps existed (no findings on days/hours available) the appropriate remedy is to remit the limited issue of availability/personal conditions back to the General Division for redetermination while leaving its other findings intact.

Citation
2022 SST 404
Parties
Appellant: L. B.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
18 May 2022
Procedural Posture
Employment Insurance (ei) Appeal / Appeal Division Decision Remitted to General Division for Redetermination
Outcome
Appeal allowed; General Division decision set aside in part and matter remitted for redetermination on availability/personal conditions.
Legal Topics
Availability for Work, Personal Conditions, Entitlement to Benefits, Remedy Remand/redetermination, Procedural Fairness
Source Language
English
Employment Insurance Administrative Law Social Security Availability for Work Personal Conditions Entitlement to Benefits Remedy Remand/redetermination Procedural Fairness

Case Brief

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Parties

L. B.

Appellant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance (ei) Appeal / Appeal Division Decision Remitted to General Division for Redetermination

Legal Issues

  1. 1 Did the General Division make legal or factual errors regarding whether the Claimant set personal conditions on her availability to work?
  2. 2 If so, what is the appropriate remedy (set aside or remit for redetermination)?

Ratio Decidendi

The General Division’s finding that the Claimant set personal conditions restricting availability was not supported by evidence; because gaps existed (no findings on days/hours available) the appropriate remedy is to remit the limited issue of availability/personal conditions back to the General Division for redetermination while leaving its other findings intact.

Court Disposition

Appeal allowed; General Division decision set aside in part and matter remitted for redetermination on availability/personal conditions.

Orders

  • Appeal allowed.
  • General Division decision dated December 30, 2021 set aside insofar as it found the Claimant was not available for work for the periods January 11, 2021 to April 20, 2021 and from September 2, 2021 indefinitely.