(c) Burden of Proof
The burden of proof is on the claimant to show that he or she is available during the whole period of time in question.
Robitaille v. C.E.I.C., February 23, 1989, F.C.J. No. 142 (F.C.A.) A-504-88
A claimant who is capable of working is entitled to benefit, not because he or she is available for work and unable to obtain suitable employment, but rather because he or she can prove their availability and their inability to obtain suitable employment. A claimant can prove availability by demonstrating that he or she has made reasonable and customary efforts in the circumstances to obtain suitable employment.
Ricard v. U.I.C., [1976] 1 F.C. 228 (F.C.A.) A-298-74
An inadequate job search may lead to the conclusion that a claimant is not available for work.
Cutts v. Canada (A.G.) , November 1, 1990, F.C.J. No. 1001 (F.C.A.) A-239-90
The question of availability is an objective one. It does not depend upon whatever personal reasons a claimant may have for placing any restrictions upon his or her willingness to enter into the labour force. A claimant's availability must be objectively determined. The fact that a claimant believes in good faith that he or she is unable to work, does not make him or her either available or unable to obtain suitable employment within the meaning of the Act.
Canada (A.G.) v. Bertrand [1982], F.C.J. No. 423 (F.C.A.) A-613-81
Canada (A.G.) v. Joint [1989], F.C.J. No. 1018 (F.C.A.) A-1049-88
Vezina v. Canada (A.G.), 2003 FCA 198 A-736-01
There are three criteria which a claimant must establish in order to meet the requirement of availability:
Faucher v. C.E.I.C. [1997], F.C.J. No. 215 (F.C.A.) A-57-96
Canada (A.G.) v. Bois, May 30, F.C.J. No. 878 (F.C.A.) A-31-00
The question to be answered by a Board of Referees is whether the claimant is available, not whether there is any merit to the reasons given by the Commission for finding the claimant unavailable.
Robitaille v. C.E.I.C. February 23, 1989, F.C.J. No. 142 (F.C.A.) A-504-88
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2010-03-01