Decision A0132.12

Case Number Claimant Judge Language Decision date
Decision A0132.12 Gibson  Evans   English 2012-06-05
Decision Appealed Appellant Corresponding Case
Judicial Review Dismissed  No Commission  -

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work  out of Canada  employment apportunity 


The Commission disentitled the claimant from her EI benefits for a period of one week when she went to Arizona (USA) to visit her son. Before the BOR, the claimant stated that before travelling to the USA, she had arranged a meeting with the Director of sales for the Phoenix Coyotes hockey team. She was looking for the possibility of some business arrangement between the Coyotes and her travel company. The question of the weight to be given to the original statement is a question of fact left to the appreciation of the BOR. There is no binding legal rule to the effect that the original statement should have more weight than evidence given orally before the BOR. The BOR found as fact that the claimant had travelled to pursue a pre-arranged employment opportunity. The Umpire dismissed the Commission’s appeal, finding that her travel fell within the exception of paragraph 55(1)(e) of the EI Regulations. The FCA dismissed the application for judicial review in accepting the finding of fact made by the BOR.

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