Decision 26376

Case Number Claimant Judge Language Decision date
Decision 26376   Forget  English 1994-12-16
Decision Appealed Appellant Corresponding Case
Dismissed  No N/A  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties  applicability 

Summary:

She said no when specifically asked whether she had been out of Canada. There was no entrapment for the claimant as suggested by counsel since a truthful reply was expected. She chose not to do so. It is immaterial whether the Insurance Officer knew the answer before asking the question.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work  absences from home  out of canada 

Summary:

Para. 54(4)(a) quoted. It is agreed that Maple Valley is a 4 to 5-hour drive from Canada. Even granting that she was temporarily resident at her mother's residence in the state of Washington, a state contiguous to Canada, I would be stretching the legislation by saying she was available in Canada.


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