LG v Canada Employment Insurance Commission

LG v Canada Employment Insurance Commission

Leave to appeal refused because the General Division committed no reviewable error: it properly applied governing law and the Faucher factors and reasonably concluded the claimant was not available for work due to lack of job search efforts and setting a personal condition awaiting recall; medical concerns about...

Source-derived case information.

Citation
2022 SST 454
Parties
Applicant: L. G.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
2 June 2022
Procedural Posture
Employment Insurance Leave to Appeal / Appeal Division Leave to Appeal
Outcome
Leave to appeal refused; the appeal will not proceed.
Legal Topics
Availability for Work, Leave to Appeal, Disentitlement, Medical Exemption, Standard of Review, Faucher Factors
Source Language
english
Employment Insurance Administrative Law Social Security Availability for Work Leave to Appeal Disentitlement Medical Exemption Standard of Review +1 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

L. G.

Applicant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance Leave to Appeal / Appeal Division Leave to Appeal

Legal Issues

  1. 1 Whether the General Division erred in finding the claimant not available for work
  2. 2 Whether the General Division failed to consider medical harm from vaccination and inability to obtain medical exemption
  3. 3 Whether the General Division committed a reviewable error under section 58(1) of the Department of Employment and Social Development Act

Ratio Decidendi

Leave to appeal refused because the General Division committed no reviewable error: it properly applied governing law and the Faucher factors and reasonably concluded the claimant was not available for work due to lack of job search efforts and setting a personal condition awaiting recall; medical concerns about vaccination do not negate the statutory availability requirement.

Court Disposition

Leave to appeal refused; the appeal will not proceed.

Orders

  • Leave to appeal is refused.