What is the test for availability of employment?
Canada (Federal), Canada
The following excerpt is from Canada Employment Insurance Commission v M. O., 2016 CanLII 59219 (SST):
Instead, I would apply the test for availability set out in Faucher v. Canada (Attorney General), A-56-96, which held that three factors must be analyzed: the desire to return to the labour market as soon as a suitable job is offered, the expression of that desire through efforts to find a suitable job, and not setting personal conditions that might unduly limit the chances of returning to the labour market.
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