Law360 Canada (May 2, 2024, 12:32 PM EDT) -- Application by Puig for judicial review of decision of Appeal Division of Social Security Tribunal (ADSST) affirming Employment Insurance Commission’s (Commission) decision that he was disentitled from benefits for non-availability for work given the restrictions on his study permit, thereby creating overpayment. Puig resided in Canada as an international student. He applied for regular employment insurance benefits in October 2020 and stated that he was a student. He provided information about his program and that it was a full-time course. Puig appealed the Commission’s decision to the General Division of the Social Security Tribunal (GDSST). In its decision, the GDSST concluded that, except for the period from December 25, 2020, to January 3, 2021, Puig was not available for work until March 1, 2021. Puig appealed the decision to the ADSST. The ADSST concluded that the Commission exercised its discretion judicially and dismissed the appeal. Puig submitted that ADSST unreasonably concluded that the Commission could retroactively reconsider his claim. Puig challenged the ADSST’s conclusion that the Commission did not have to follow its own reconsideration policy and that the ADSST erred in concluding that the word “verify” in section 153.161(2) of the Employment Insurance Act (EIA) allowed the Commission to retroactively reconsider his claim in the absence of any new information....