[2012] 1 F.C.R. D-9
Employment Insurance
Judicial review of decision by Umpire (CUB 76810) dismissing applicant’s appeal from Board of Referees decision allowing appeal from Canada Employment Insurance Commission’s rejection of respondent’s claim for extended employment insurance benefits under Extended Employment Insurance and Training Incentive (EEITI)— Respondent enrolling in university program—Commission requiring letter of acceptance from faculty to refer respondent to program—Letter arriving too late for respondent to start full-time in January—Respondent enrolling in two prerequisite courses in January, starting full course load in May—Commission concluding that respondent not meeting EEITI eligibility criteria, starting full course load outside 52-week period prescribed in Employment Insurance Regulations, SOR/96-332, s. 77.91(3)(d)(iii)—Board finding respondent acting reasonably, attributing delays to others—Umpire interpreting requirement that eligible program be “full-time” as meaning that claimant occupied full-time on program, doing nothing else—Concluding that respondent enrolled in full-time program in January—However, Umpire’s reasoning meaning that respondent eligible for EEITI if enrolled in one course for one hour per week—Whether program “full-time” not depending on whether or not claimant enrolled in course choosing to engage in other activities when not studying—Application allowed.
Canada (Attorney General) v. Knee (A-227-11, 2011 FCA 301, Evans J.A., judgment dated November 2, 2011, 5 pp.)