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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.
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The Commission provided no statutory basis to retroactively disentitle the Appellant from maternity and parental benefits based on an expired SIN or lack of immigration status; the claim was properly established for the benefit period beginning November 17, 2024, and entitlement to those benefits in these circumstances is not negated by the expired SIN or by IRCC status issues, so the appeal is allowed and the disentitlement reversed.
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The Appellant demonstrated on a balance of probabilities that his combined functional limitations from degenerative disc disease, radicular symptoms and medication‑related cognitive impairment rendered him incapable of regularly pursuing any substantially gainful occupation as of September 2020 and that those limitations are likely to continue indefinitely; because the Minister received the application in May 2023 the relevant MQP rule limits entitlement backdating and payments therefore commence June 2022.
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The appellant failed to prove on a balance of probabilities that he had good cause for the entire 34‑week delay; a reasonable person in his position would have made prompt inquiries to Service Canada or the Commission when unable to secure employment, and no exceptional circumstances were shown, therefore the claim cannot be antedated.
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On the balance of probabilities the Appellant was the deceased's common-law partner for more than one year before his death: credibility of the Appellant, regular shared residence use (three homes including a summer trailer), inclusion on the deceased's extended health care from November 2004, beneficiary designation and post‑death transfers, sustained caring and household interaction in the last year, and the parties' conduct toward the children collectively satisfied McLaughlin factors despite separate primary addresses; therefore the Minister's cancellation was incorrect and the Appellant…
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The appellant failed to prove on a balance of probabilities that she was available for work: there is no evidence of reasonable and customary job‑search efforts between February 16 and May 12, 2025, and she did not satisfy the three‑factor availability test; statutory rules fix the benefits period as beginning August 4, 2024 (extended to 53 weeks for severance), so she is disentitled to EI regular benefits for the contested period and the appeal is dismissed.
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The Tribunal found the appellant's incapacity began during the benefit period (by at least September 2023), the March 4, 2024 sickness claim could be antedated within the statutory three-week window, and therefore under s10(13) (and related provisions) the benefit period must be extended to permit the appellant to receive the maximum statutory weeks of maternity, parental and sickness benefits.
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Judge found a material change based on respondent's increased post-separation income and termination of child support; fixed incomes at $171,318 (respondent) and $14,008 (applicant); concluded applicant retained compensatory and non-compensatory entitlement; ordered prospective spousal support of $3,400/month commencing July 1, 2025 with no termination date and awarded retroactive spousal support of $44,100 (Oct 1, 2023–June 2025) payable as a lump sum of $21,435 by Sept 5, 2025 and $12,600 by monthly top-ups of $500 starting July 15, 2025.
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The Tribunal accepted the appellant’s and family doctor’s evidence that his combined mental and physical functional limitations rendered him incapable regularly of pursuing any substantially gainful occupation as of December 2021 and that those limitations are treatment‑resistant and of indefinite duration; because the application was received June 2023 the statutory timing rules make the disability deemed to have begun March 2022 and payments commence July 2022.
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The appeal is allowed in part: GIS entitlement for July 2021–June 2022 is established because the CRA provided 2020 income information in June 2022 allowing retroactive payment within the OAS 11‑month limit; GIS for July 2020–June 2021 is denied because the required 2019 income statement was not provided within the statutory retroactivity window and the appellant failed to prove continuous incapacity to form or express an intention to apply.
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