DW v Canada Employment Insurance Commission

DW v Canada Employment Insurance Commission

Because the EI-ERB statute mandates that claims for the period March 15 to October 3, 2020 could not be made after December 2, 2020, and the claimant first sought retroactive payment on December 8, 2020, his request is time-barred and must be dismissed; there is no statutory discretion to allow a late claim.

Source-derived case information.

Citation
2021 SST 137
Parties
Appellant (claimant): D. W.; Respondent (commission): Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
31 March 2021
Procedural Posture
Employment Insurance Appeal / Decision (general Division)
Outcome
Appeal dismissed
Legal Topics
EI Emergency Response Benefit (ei Erb), Retroactive Claim, Claim Deadline, Statutory Interpretation, Discretion
Source Language
english
Employment Insurance Social Security Administrative Law COVID 19 Emergency Benefits EI Emergency Response Benefit (ei Erb) Retroactive Claim Claim Deadline Statutory Interpretation +1 more

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Parties

D. W.

Appellant (claimant)

Canada Employment Insurance Commission

Respondent (commission)

Procedural Posture

Employment Insurance Appeal / Decision (general Division)

Legal Issues

  1. 1 Whether the claimant can make a retroactive claim for the EI-ERB for the period May 26, 2020 to September 12, 2020 after the December 2, 2020 deadline
  2. 2 Whether regular EI could be claimed instead of the EI-ERB for the period March 15, 2020 to October 3, 2020
  3. 3 Whether any discretion or exception permits a late EI-ERB claim in these circumstances

Ratio Decidendi

Because the EI-ERB statute mandates that claims for the period March 15 to October 3, 2020 could not be made after December 2, 2020, and the claimant first sought retroactive payment on December 8, 2020, his request is time-barred and must be dismissed; there is no statutory discretion to allow a late claim.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; claimant is not entitled to retroactive EI-ERB or regular EI for the period May 26, 2020 to September 12, 2020 because the claim was made after the December 2, 2020 deadline.