YE v Canada Employment Insurance Commission

YE v Canada Employment Insurance Commission

The General Division misstated the applicable test by importing additional requirements (e.g. that the condition be life‑threatening or that a referral be marked stat/today or that referral timelines be exhausted); the correct test is objective medical evidence showing treatment is required without undue delay and...

Source-derived case information.

Citation
2024 SST 1096
Parties
Appellant: Y. E.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
12 September 2024
Procedural Posture
Employment Insurance Sickness Benefits Appeal / Appeal Division Decision (hearing Held by Videoconference)
Outcome
Appeal dismissed
Legal Topics
Outside of Canada, Medical Treatment Exception, Availability for Work, Error of Law, Remedy
Source Language
english
Employment Insurance Administrative Law Social Security Law Outside of Canada Medical Treatment Exception Availability for Work Error of Law Remedy

Source-derived case record

Summary, issues, holding and outcome

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Parties

Y. E.

Appellant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance Sickness Benefits Appeal / Appeal Division Decision (hearing Held by Videoconference)

Legal Issues

  1. 1 Did the General Division err in law by imposing a stricter test than required for the s.55(1)(a) exception allowing EI benefits while out of Canada for medical treatment?
  2. 2 If there was an error of law, what is the appropriate remedy?
  3. 3 Whether the claimant was otherwise available for work during the period at issue (planned vacation issue)

Ratio Decidendi

The General Division misstated the applicable test by importing additional requirements (e.g. that the condition be life‑threatening or that a referral be marked stat/today or that referral timelines be exhausted); the correct test is objective medical evidence showing treatment is required without undue delay and not readily or immediately available in the claimant's Canadian area of residence; the claimant failed to provide sufficient objective medical evidence (the checked 'urgent' box alone was insufficient), so she did not meet the s.55(1)(a) exception and is not entitled to EI for May 9, 2023 to June 15, 2023.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Claimant is not entitled to Employment Insurance sickness benefits for the period May 9, 2023 to June 15, 2023