YL v Canada Employment Insurance Commission

YL v Canada Employment Insurance Commission

The claimant did not rebut the presumption that full-time students are unavailable for work and therefore failed to meet the Act's availability and capability requirements; additionally the Tribunal lacks jurisdiction to decide write-off of overpayments under the Act.

Source-derived case information.

Citation
2022 SST 465
Parties
Appellant: Y. L.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
2 March 2022
Procedural Posture
Employment Insurance Appeal / General Division Decision
Outcome
Appeal dismissed
Legal Topics
Availability for Work, Full Time Student Presumption, Disentitlement, Overpayment Write Off, Jurisdiction
Source Language
english
Employment Insurance Social Security Administrative Law Availability for Work Full Time Student Presumption Disentitlement Overpayment Write Off Jurisdiction

Source-derived case record

Summary, issues, holding and outcome

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Parties

Y. L.

Appellant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance Appeal / General Division Decision

Legal Issues

  1. 1 Was the claimant available for work while attending full-time studies?
  2. 2 Did the claimant rebut the presumption that full-time students are unavailable for work?
  3. 3 Does the Tribunal have jurisdiction to decide on the write-off of the overpayment?

Ratio Decidendi

The claimant did not rebut the presumption that full-time students are unavailable for work and therefore failed to meet the Act's availability and capability requirements; additionally the Tribunal lacks jurisdiction to decide write-off of overpayments under the Act.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed.