YE v Canada Employment Insurance Commission

YE v Canada Employment Insurance Commission

On the balance of probabilities the appellant failed to prove she left Canada to obtain medical treatment that was not readily or immediately available and failed to prove she would have been otherwise available for work because she had pre-booked vacation dates; therefore she is disentitled to EI benefits for the claimed periods.

Citation
2024 SST 1097
Parties
Appellant: Y. E.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
7 March 2024
Procedural Posture
Employment Insurance (sickness Benefits) / General Division Decision
Outcome
Appeal dismissed
Legal Topics
Benefits Entitlement, Outside Canada Exception, Medical Treatment Abroad, Availability for Work
Source Language
English
Employment Law Social Security Administrative Law Benefits Entitlement Outside Canada Exception Medical Treatment Abroad Availability for Work

Case Brief

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Parties

Y. E.

Appellant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance (sickness Benefits) / General Division Decision

Legal Issues

  1. 1 Entitlement to EI benefits while outside Canada from May 9 to June 15, 2023
  2. 2 Whether appellant was otherwise available for work from May 26 to June 8, 2023

Ratio Decidendi

On the balance of probabilities the appellant failed to prove she left Canada to obtain medical treatment that was not readily or immediately available and failed to prove she would have been otherwise available for work because she had pre-booked vacation dates; therefore she is disentitled to EI benefits for the claimed periods.

Court Disposition

Appeal dismissed

Orders

  • Appellant disentitled to EI benefits while outside Canada from May 9 to June 15, 2023.
  • Appellant disentitled to EI benefits from May 26 to June 8, 2023 for not being otherwise available for work.