(a) What is Availability
In order to be entitled to benefits, a claimant must show that he or she is seeking employment and is available for work.
Fortin v. Canada (A.G.) May 14, 1998 F.C.J. No. 662 (F.C.A.) A-855-97
Availability is a willingness to work under normal conditions without unduly limiting the chances of obtaining employment. It is a question of fact which requires that all the circumstances of a particular case be examined. A review of all the facts and a consideration of all the various factors involved must be carried out.
Canada (A.G.) v. Whiffen [1994], F.C.J. No. 252 (F.C.A.) A-1472-92
"Availability is usually described, in the case law, either as a sincere desire to work demonstrated by attitude and conduct and accompanied by reasonable efforts to find a job, or as a willingness to reintegrate into the labour force under normal conditions without unduly limiting one's chances of obtaining employment."
Canada (A.G.) v. Whiffen [1994], F.C.J. No. 252 (F.C.A.) A-1472-92
Availability is demonstrated by a claimant's conduct and attitude. It requires the making of reasonable and customary efforts to obtain suitable employment.
Canada (A.G.) v. Whiffen [1994], F.C.J. No. 252 (F.C.A.) A-1472-92
Availability must be determined by analyzing three factors: a claimant's desire to return to the labour market as soon as a suitable job is offered; the expression of that desire through efforts to find a suitable job; and, not unduly limiting the chances of returning to the labour market.
Faucher v. C.E.I.C. [1997], F.C.J. No. 215 (F.C.A.) A-57-96
Canada (A.G.) v. Wang, 2008 FCA 112 A-356-07
The term "suitable employment" used in these sections of the legislation is defined in part by reference to the personal circumstances of the claimant.
Canada (A.G.) v. Whiffen [1994], F.C.J. No. 252 (F.C.A.) A-1472-92
Repeated refusals to accept suitable employment may be a reasonable indication that a claimant is not available for work.
Canada (A.G.) v. Michael, March 23 1994 F.C.J. No. 379 (F.C.A.) A-1692-92
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2009-08-27