- Parties: The applicant was Euodia T-Giorgis. The respondent was the Attorney General of Canada.

- Subject Matter: The Canada Employment Insurance Commission – which initially found the applicant entitled to benefits until Dec. 15, 2020 – later found an overpayment as she was not entitled to benefits from Sept. 28, 2020 onward because she failed to prove her availability for work while attending non-referred training. The Social Security Tribunal’s General Division determined that she was not disentitled to regular benefits for the period of September 2020 to September 2021. The Appeal Division partly allowed the Commission’s appeal. It ruled that s. 153.161 of the Employment Insurance Act,1996 did not permit a delayed entitlement decision but found that the General Division erred when assessing the Commission’s exercise of discretion. The applicant sought judicial review.

- Ruling: The appeal court ruled in the respondent’s favour and dismissed the judicial review application without costs. The applicant failed to show that the Appeal Division’s decision was unreasonable, the appeal court ruled. The Appeal Division’s decision was based on an internally coherent and rational chain of analysis and was justified in relation to the facts and the law that it was required to apply in the circumstances, the appeal court explained. The appeal court found no basis to intervene.

- Date: The hearing was set on Oct. 4, 2023. The court released its decision on Mar. 18, 2024.

- Venue: This was a federal case before the Federal Court of Appeal.

- Amount: No financial award was specified.