Faucher v. Canada ( Employment and Immigration Commission )
A-56-96 / A-57-96
Marceau J.A.
14/2/97
4 pp.
Applications for judicial review of two decisions of Umpire acting under Unemployment Insurance Act-Claims for benefit by two construction workers specializing in installing and repairing roofs denied on ground had not proved availability-Claimant's availability question of fact normally disposed of on basis of assessment of evidence, function within authority of Board of Referees-Availability determined by analyzing three factors: desire to return to labour market as soon as suitable job offered, expression of that desire through efforts to find suitable job, not setting personal conditions unduly limiting chances of returning to labour market-On reading reasons for decision of Board of Referees and Umpire, only third factor really given weight, eclipsing other two-Allegation against claimants, when they formed own roofing business and tried to develop small business, they limited their employment opportunities-Finding claimants not available cannot be made on such narrow basis-Applications allowed.