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Employment insurance 2025 SST 1229

Canada Employment Insurance Commission v CM

Court
Social Security Tribunal of Canada

The appeal is allowed because the General Division committed an error of law by failing to apply the full Page contextual test for rebutting the presumption of non-availability and an important factual error by relying on job-search evidence outside the relevant disentitlement period (January 7 to March 7, 2025); the record is incomplete on the history-of-work issue so the proper remedy is remand to the General Division for reconsideration of availability for that period under s.18(1)(a) of the EI Act.

Source excerpt

  • Availability for work
  • Student disentitlement
  • Rebuttable presumption
  • New evidence
  • Appeal and remand
  • Notice of debt
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Bankruptcy and insolvency 2025 ONCA 371

RPG Receivables Purchase Group Inc. v. American Pacific Corporation

Court
Court of Appeal for Ontario

Evidence that a debtor acted under pressure is not per se inadmissible under s.95(2) BIA but cannot be used as the justification for a preferential payment; however, a debtor's objective intent to continue in business will only rebut the statutory presumption if there is an objectively reasonable business continuation plan likely to benefit creditors generally. On the record here there was no such reasonable basis and the presumption was not rebutted, so the payments are void as preferences.

Source excerpt

  • Preferences
  • Rebuttable presumption
  • Intention to prefer
  • Business continuation plan
  • Voidable transactions
  • Section 95 bia
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Civil procedure 2025 NSSC 111

Singh v. Shareghi-Boroujeni

Court
Supreme Court of Nova Scotia

Although the rebuttable presumption in Rule 45.02(3) did not apply, the defendants proved they would have undue difficulty collecting an award of costs given the plaintiff’s unsatisfied judgments and lack of evidence of personal assets; accordingly the court exercised its discretion and ordered security for costs in modest, tariff‑based amounts ($4,000 for each lien action) rather than the full value of the liens.

Source excerpt

  • Security for costs
  • Builders' lien
  • Rebuttable presumption
  • Access to justice
  • Costs estimation
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Employment law 2024 SST 702

CC v Canada Employment Insurance Commission

Court
Social Security Tribunal of Canada

The Appeal Division dismissed the appeal: the General Division did not err in law because the claimant did not rebut the presumption of non‑availability as a full‑time student in a manner that changed the outcome and, on the merits, failed the Faucher availability test (insufficient and sporadic job search and self‑imposed limitation to cultural work); the Appeal Division cannot overturn General Division factual findings absent perverse or capricious reasoning.

Source excerpt

  • Availability for work
  • Full‑time student disentitlement
  • Error of law
  • Faucher criteria
  • Rebuttable presumption
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Civil procedure 2024 NSSC 53

Rapid Camp Ltd. v. Dalhousie University

Court
Supreme Court of Nova Scotia

Security for costs was ordered because Rapid Camp is a dormant corporation reinstated solely to pursue this litigation, has no assets or income, failed to rebut the presumption in Rule 45.02(3)(c), and on a balancing of access to justice against the unfairness of insulating the plaintiff from risk of costs it would be unjust to proceed without security; the court ordered security of $50,000 to each of two aligned defendant groups (total $100,000), allowed parties to agree on form of security and otherwise required payment into court by May 15, 2024, and denied additional costs on the motion.

Source excerpt

  • Security for costs
  • Fiduciary duty
  • Negligent misrepresentation
  • Breach of confidence
  • Misuse of proprietary information
  • Intentional interference
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Employment law 2024 SST 148

AS v Canada Employment Insurance Commission

Court
Social Security Tribunal of Canada

The General Division erred in law by applying a bright-line requirement that only a history of full-time work can rebut the presumption of non-availability for full-time students; the correct approach is contextual per Page v Canada (FCA 2023), so part-time work history can be relevant. Applying the correct test to the record, the claimant nonetheless failed to rebut the presumption and did not satisfy all three Faucher factors, therefore he was not available for work and remains disentitled to EI benefits.

Source excerpt

  • Availability for work
  • Student eligibility
  • Faucher factors
  • Rebuttable presumption
  • Error of law
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Employment insurance 2022 SST 1514

EM v Canada Employment Insurance Commission

Court
Social Security Tribunal of Canada

The Appellant failed to rebut the presumption of non‑availability while attending non‑referred full‑time studies because she limited her job search to part‑time work around fixed classes, invested in the program and demonstrated by her actions that study was primary; therefore she was not available for work and benefits are denied for the specified periods.

Source excerpt

  • Availability for work
  • Full-time study
  • Rebuttable presumption
  • Reasonable and customary job search
  • Overpayment/debt
  • Covid-19 temporary measures
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Employment insurance 2022 SST 643

AA v Canada Employment Insurance Commission

Court
Social Security Tribunal of Canada

The appellant, enrolled in a full-time university program exceeding 25 hours per week without Commission approval, failed to demonstrate reasonable and customary job search efforts, expressed an intention to prioritize studies and set limiting personal conditions, and therefore did not rebut the presumption of non-availability; accordingly benefits for the period in question are not payable and the Tribunal lacks jurisdiction to waive the resulting overpayment.

Source excerpt

  • Availability for work
  • Full-time study exception
  • Rebuttable presumption
  • Overpayment
  • Debt write-off jurisdiction
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Employment law 2021 SST 914

KR v Canada Employment Insurance Commission

Court
Social Security Tribunal of Canada

The claimant rebutted the presumption of non-availability for the period September 28, 2020 to April 27, 2021 due to consistent work-history while studying and exceptional COVID-19 circumstances, and she satisfied both the regulatory requirement of reasonable and customary efforts and the three-factor capability/availability test for that period; however, from August 31, 2021 she failed to rebut the presumption and did not demonstrate reasonable and customary efforts, so she is disentitled for that later period.

Source excerpt

  • Availability for work
  • Student availability
  • Employment insurance benefits
  • Overpayment
  • Rebuttable presumption
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Employment insurance 2021 SST 521

MS v Canada Employment Insurance Commission

Court
Social Security Tribunal of Canada

Although the claimant rebutted the presumption of non‑availability by showing prior concurrent work while studying, she failed to prove she made reasonable and customary efforts to find suitable employment and unduly limited her availability to her existing employer; therefore she was not available for work and is disentitled to EI benefits from September 27, 2020.

Source excerpt

  • Availability for work
  • Full-time student
  • Rebuttable presumption
  • Reasonable and customary efforts
  • Overpayment
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About this LexChat collection

Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.