Summary of Issue: Bar Admission


Decision 31357A Full Text of Decision 31357A

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work courses bar admission
Summary:

The beneficiary is studying law at university. Obviously, in addition to the hours spent in class, she required time to study and prepare for her courses, as well as for transportation, eating, sleeping and looking after her son.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work courses extent of availability required

Decision 27952 Full Text of Decision 27952

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work courses bar admission
Summary:

The weight to be given to claimant's first statement of non-availability is a matter of credibility. The Board also found that he had a work history while at school. I am unable to find that the Board erred in law or made its finding of fact in a perverse or capricious fashion.


Decision 26777 Full Text of Decision 26777

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work courses bar admission
Summary:

Taking a Bar Admission course can be expected to require considerable preparation and study outside of class hours, and the Bar itself discourages students from working while taking such courses. It is reasonable to conclude that the primary objective is to succeed and be admitted to the Bar.


Decision 25449 Full Text of Decision 25449

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work courses bar admission
Summary:

Claimant argued that he is indeed available during the course because if he was hired by a law firm, he would be put on salary during the course, and that therefore the course does not prevent him from securing employment with a law firm. That does not render him available for work. Employed for one year as an articling student with a law firm. The next phase to practice law in Ontario is to take the Bar Admission Course, which he commenced following completion of his articles. No history of work while attending courses. His intention is clearly to complete the course.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work courses substantial fees paid

Decision 25041 Full Text of Decision 25041

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work courses bar admission
Summary:

Claimant attended mandatory classes from 1:00 p.m. to 4:30 p.m. She has a history of nearly 2 years of work while at the law school. It is an unreasonable demand to require the employer to arrange employment around hours of availability. She has a very commendable work record, but she was not available.


Decision 24972 Full Text of Decision 24972

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work courses bar admission
Summary:

Jurisprudence dealing with Bar Courses examined. Claimant has a history of working part-time while attending law school. He even worked for the very Law Society which runs the course. However, a work history while going to school is not determinative in this case. He cannot practice law in Ontario without first successfully completing the Bar Course; therefore, any jobs applied for as counsel imply an intention to complete the course. Given this, I am not convinced that he viewed the successful completion of the course as anything but his primary concern.

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