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Employment law 2026 SST 263

BP v Canada Employment Insurance Commission

Court
Social Security Tribunal of Canada

Leave to appeal refused because the Appeal Division found no arguable reviewable error: the General Division applied the correct legal tests, conducted a fair hearing (interpreter present, opportunity to present evidence), reasonably found the applicant was outside Canada without fitting statutory exceptions and failed to prove availability for work; therefore there is no reasonable chance of success on appeal.

Source excerpt

  • Employment insurance
  • Availability for work
  • Just cause for voluntary leaving
  • Disentitlement for being outside canada
  • Natural justice
  • Grounds of appeal
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Employment law 2026 SST 242

VB v Canada Employment Insurance Commission

Court
Social Security Tribunal of Canada

Leave to appeal refused because the applicant failed to raise any arguable ground that the General Division erred in law, breached procedural fairness, exceeded jurisdiction, or made a reviewable factual error; the General Division properly applied the test for judicial exercise of discretion, considered mitigating circumstances and reduced the penalty, and the Appeal Division cannot consider new evidence not before the General Division, so the appeal has no reasonable chance of success.

Source excerpt

  • Employment insurance
  • Overpayment
  • Penalty for false statements
  • Availability for work
  • Voluntary leaving
  • Mitigating circumstances
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Employment insurance 2026 SST 224

Canada Employment Insurance Commission v BP

Court
Social Security Tribunal of Canada

The General Division erred by determining the claimant was available during hypothetical future school breaks without evidence; on the record the claimant was a full‑time student from 2025-09-02 to 2025-12-09 and therefore was not available for work and is disentitled to EI benefits for that period; the Appeal Division substitutes that decision.

Source excerpt

  • Availability for work
  • Student status
  • Entitlement
  • Jurisdiction
  • New evidence
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Employment insurance 2026 SST 227

AP v Canada Employment Insurance Commission

Court
Social Security Tribunal of Canada

Permission to appeal refused because the claimant failed to raise an arguable error of law or an important error of fact: the General Division applied the correct legal tests under the EI Act, its factual findings (including that the claimant voluntarily requested leave and was not available for work) are supported by evidence, and the matters complained of are primarily mixed fact and law issues outside the Appeal Division’s scope absent a demonstrated legal error or important factual error.

Source excerpt

  • Voluntary leave without just cause
  • Availability for work
  • Leave without pay
  • Procedural fairness
  • Standard of review on leave to appeal
  • Jurisdictional limits of tribunal
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Employment insurance 2026 SST 217

MM v Canada Employment Insurance Commission

Court
Social Security Tribunal of Canada

The Appeal Division refused permission because the General Division's factual findings that the claimant was off work and entitled only to the statutory maximum of 15 weeks of sickness benefits were supported by the evidence and no reviewable error of law, fact, or jurisdiction was shown, so the appeal has no reasonable chance of success.

Source excerpt

  • Sickness benefits
  • Overpayment
  • Leave to appeal
  • Standard of review
  • Availability for work
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Employment law 2026 SST 215

DN v Canada Employment Insurance Commission

Court
Social Security Tribunal of Canada

Permission to appeal refused because the Appeal Division found no arguable ground: the General Division applied correct legal tests, acted fairly, and its factual findings that claimant was in full-time training and failed to rebut the presumption of non-availability were supported by the evidence, so there is no reasonable chance of success on appeal.

Source excerpt

  • Employment insurance benefits
  • Availability for work
  • Training on own initiative
  • Leave to appeal
  • Procedural fairness
  • Presumption of non-availability for full-time students
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Employment insurance 2026 SST 214

JL v Canada Employment Insurance Commission

Court
Social Security Tribunal of Canada

The Appeal Division allowed the appeal and remitted the matter because the General Division committed an error of jurisdiction by failing to determine whether the Commission's discretionary reconsideration was made judicially, and committed an important error of fact by disregarding the claimant's testimony about his job search efforts; the matter is returned to the General Division for reconsideration of judiciality and, if necessary, availability for suitable employment.

Source excerpt

  • Availability for work
  • Reconsideration of benefits
  • Judiciality of discretionary decisions
  • Remand for reconsideration
  • Errors of jurisdiction and fact
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Employment law 2026 SST 179

BB v Canada Employment Insurance Commission

Court
Social Security Tribunal of Canada

The Appeal Division refused permission because the General Division correctly identified and applied the legal test for availability, reasonably concluded the claimant did not demonstrate sufficient active job search or absence of undue personal conditions, and the applicant failed to show an arguable reviewable error that would give the appeal a reasonable chance of success.

Source excerpt

  • Availability for work
  • Sickness benefits
  • Conversion to regular benefits
  • Leave to appeal
  • Standard of review
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Employment law 2026 SST 184

GB v Canada Employment Insurance Commission

Court
Social Security Tribunal of Canada

The General Division refused to exercise its jurisdiction by not deciding the medical‑certificate issue; under the DESD Act the Appeal Division substituted the decision the General Division should have given and, applying EI Act s.18(1)(b) and Regs s.40(1), found the claimant entitled to sickness benefits for March 28–April 25, 2025 and May 14–July 10, 2025 because he was unable to work for medical reasons and would otherwise have been available, but not entitled for April 28–May 9, 2025 due to lack of a medical certificate and having worked.

Source excerpt

  • Employment insurance
  • Sickness benefits
  • Availability for work
  • Medical certificate
  • Jurisdiction
  • Substitution remedy
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Employment law 2026 SST 165

AC v Canada Employment Insurance Commission

Court
Social Security Tribunal of Canada

Permission to appeal is refused because the Applicant failed to show an arguable reviewable error: the General Division correctly found the Applicant was absent from Canada during the disputed periods, no statutory exception applied, therefore entitlement and availability issues were properly resolved without reviewable error, and the General Division lawfully imposed and judicially reduced the penalty for knowingly making false or misleading statements.

Source excerpt

  • Employment insurance
  • Absence from canada
  • Availability for work
  • False or misleading statements penalty
  • Leave to appeal/permission
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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.