(b) Restrictions Imposed by Claimant
It is a well-established rule that a claimant who imposes unreasonable restrictions on the type of work he or she is looking for or, on the area in which he or she is willing to work, fails to prove availability.
Canada (A.G) v. Whiffen [1994], F.C.J. No. 252 (F.C.A.) A-1472-92
The absence of personal conditions that might unduly limit the chance of returning to the labour market is a factor that must be considered in reaching a conclusion with respect to availability.
Faucher v. C.E.I.C., [1997] F.C.J. No. 215 (F.C.A.) A-57-96
Canada (A.G.) v. Loder, [2004] F.C.J. No. 133 (F.C.A.) A-669-02
The reasonableness of a restriction will be assessed on the basis of the claimant's attitude, conduct, and taking into account all of the circumstances.
Canada (A.G.) v. Whiffen [1994], F.C.J. No. 252 (F.C.A.) A-1472-92
Setting unreasonable salary requirements will be an indication of non-availability.
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