| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
out of Canada |
on vacation |
|
Summary:
The claimant informed the Commission that she had been on holidays outside Canada from September 27 to October 4, 2008 and from October 9 to 13, 2008. The Commission determined that the claimant was not entitled to receive EI benefits from September 29 to October 13, 2008 because she was outside Canada on holidays. The claimant appealed from the Commission's decision. She argued that she had been outside Canada not on holidays, but as the executor for the estate of her daughter, who passed away. The BOR is of the opinion that the doctor's recommendation concerning the trip to Disney, where the claimant stayed from October 9 to 13, 2008, was for the purpose of accompanying a family member for strictly therapeutic goals. The BOR finds that the claimant should not be disentitled from receiving benefits for this period. The BOR allows the appeal in part, that is, for the period from October 9 to 13, 2008. On appeal, the commission argued that the claimant's situation does not fall within any of the exceptions set out in section 55 of the EIR. The Umpire agree with the Commission and find that the BOR erred in fact and in law. Consequently, the Commission's appeal is allowed and the BOR's decision is rescinded.
