Decision A340.16

Case Number Claimant Judge Language Decision date
Decision A340.16 Lavita  Dawson, Eleanor R.  English 2017-04-25
Decision Appealed Appellant Corresponding Case
Dismissed Unanimous  No Commission  -

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work  job search  how to search 


This is an application for Judicial Review of a decision of the Social Security Tribunal (SST)-Appeal Division (AD) dismissing the Canada Employment Insurance Commission's (Commission) appeal of a decision of the SST-General Division (GD). The Respondent claimant took a leave of absence from work to care for her parents. Under the terms of her leave, she was not permitted to earn income from other sources if she wanted to keep her employment benefits. This Court found at para. 9 that: based on the factual findings, the SST Appeal Division concluded that by limiting her job search to positions within the Bank, a large corporate employer, the Respondent did not unduly limit her chance of returning to the labour market so as to be unavailable. While it may well have been open to the SST Appeal Division to reach another conclusion, this Court has not been persuaded that on the facts before it that the SST Appeal Division had reached an unreasonable conclusion. The application for judicial review was therefor dismissed. (Ref. paragraph 18(1)(a) of the Employment Insurance Act, S.C. 1996, c. 23)

Date modified: