• Home
  • Availability

    II. Principles of Law

    (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

    [  previous  |  table of contents  |  next  ]

    2009-08-27