Summary of Issue: Onus Of Proof

Decision A-0486.01 Full Text of Decision A-0486.01

There was cogent evidence on the record before the Board to support the Board's finding. In both her Application for Unemployment Benefits and her Training Course Questionnaire, the claimant indicated that she was not ready to work and not going to be looking for work during the course. This is sufficient to dispose of the present application.

Decision 51632 Full Text of Decision 51632

See summary indexed under FCA A-0486.01

Decision 40584 Full Text of Decision 40584

There is a presumption that a person enrolled in a course of full-time study is generally not available for work within the meaning of the Act. This presumption is capable of being rebutted by proof of exceptional circumstances. Evidence of a limited job search for evening and weekend employment is not proof of exceptional circumstances.

Decision 22258 Full Text of Decision 22258

Refer to: A-0168.93

Decision A-0168.93 Full Text of Decision A-0168.93

Left her job in Vancouver to relocate in Quebec City with husband. Attends a course of French for non-francophones in university to become employable. As claimant clearly stated that she was not available while taking her language course, the Umpire erred. The claimant failed to prove that she was available.

Decision 19462 Full Text of Decision 19462

Refer to: A-0442.91

Decision A-0442.91 Full Text of Decision A-0442.91

The Board decided that the presumption of non-availability had been rebutted even in the absence of a pattern of work/study. What is at issue here is a question of facts determined by the Board, not by an Umpire. Neither perverse nor capricious finding, said the Umpire. Upheld by the FC.

Decision 20599 Full Text of Decision 20599

The Board erred in law by imposing upon CEIC the burden of proving that the beneficiary was not available. This burden falls upon the beneficiary and not upon CEIC. It also erred in fact and in law by taking into account search for employment conducted before the beginning of the course.