| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
necessary conditions |
|
Summary:
I underline some words here to indicate 3 cumulative conditions imposed on any claimant before he becomes entitled to benefits: capability, availability, unable to obtain suitable employment. Each of these 3 must be complied with.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
time required for studies |
|
Summary:
The long line of decided cases have consistently held that a claimant is in fact and in law unable to discharge proof under s.25 if full-time course on own initiative. It would be a contradiction in terms for a student to assert available when at school5 days a week.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
weight of statements |
|
Summary:
Assertions by a student that he is ready and able do not carry much weight when they conflict with an objective fact, namely a full-time occupation in a full-time course, the objective fact must prevail.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
purpose of the legislation |
|
Summary:
Claimant's perception shared by many claimants in the face of their sincere efforts to acquire skills. This, however, is a matter of policy not interpretation. If the thrust of the legislation is to deny financial means, it must still be respected and followed.
Commendable for one to pursue program to better qualifications. It does not follow that the UI fund may be used as an oblique form of student bursaries. There are other federal-provincial and programs for this purpose.
