P. C. v. Canada Employment Insurance Commission

P. C. v. Canada Employment Insurance Commission

Leave to appeal was granted because the applicant raised an arguable question as to the General Division's interpretation and application of the criteria in Faucher regarding availability while in training, and that question could justify setting aside the decision on review, meeting the reasonable chance of success...

Source-derived case information.

Citation
2017 SSTADEI 323
Parties
Applicant: P. C.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
26 September 2017
Procedural Posture
Employment Insurance Leave to Appeal / Application for Leave to Appeal to Appeal Division
Outcome
Leave to appeal granted.
Legal Topics
Availability for Work, Disentitlement Under S.18(1)(a) of the Employment Insurance Act, Leave to Appeal, Standards for Review
Source Language
english
Employment Law Administrative Law Social Security Law Availability for Work Disentitlement Under S.18(1)(a) of the Employment Insurance Act Leave to Appeal Standards for Review

Source-derived case record

Summary, issues, holding and outcome

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Parties

P. C.

Applicant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance Leave to Appeal / Application for Leave to Appeal to Appeal Division

Legal Issues

  1. 1 Whether the General Division erred in law in finding the applicant not available for work
  2. 2 Whether the General Division made an erroneous finding of fact without regard to the material
  3. 3 Whether the applicant raised a question with a reasonable chance of success to justify leave to appeal

Ratio Decidendi

Leave to appeal was granted because the applicant raised an arguable question as to the General Division's interpretation and application of the criteria in Faucher regarding availability while in training, and that question could justify setting aside the decision on review, meeting the reasonable chance of success threshold for leave.

Court Disposition

Leave to appeal granted.

Orders

  • Leave to appeal to the Appeal Division granted