Availability

II. Principles of Law

(f) Commission Warnings

In many cases, the Commission will give a claimant a warning that he or she must expand his or her job search in order to satisfy the requirement of availability under the Act.

Canada (A.G.) v. Stolniuk, September 28, 1994, F.C.J. No. 1419 (F.C.A.) A-686-93 Judgment of the federal court of appeal

However, where it is clear that a claimant is truly unavailable, the Commission's failure to provide him or her with advance warning will not mean that the claimant is automatically entitled to benefits.

Canada (A.G.) v. Stolniuk, September 28, 1994, F.C.J. No. 1419 (F.C.A.) A-686-93 Judgment of the federal court of appeal
Canada (A.G.) v. LeDuc, January 10, 1996, F.C.J. No. 67 (F.C.A.) A-134-95 Judgment of the federal court of appeal

 

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