JH v Canada Employment Insurance Commission

JH v Canada Employment Insurance Commission

On a balance of probabilities the Tribunal found the claimant did not intend to elect the extended parental benefit option; evidence of her stated intention to take 12 months leave, employer communications, the ROE, the way the online form posed the weeks question, her personal circumstances and prompt contact with Service Canada after receiving the unexpected payment collectively established she intended the standard option, so the appeal is allowed and the claimant is deemed to have elected standard parental benefits.

Citation
2021 SST 293
Parties
Appellant / Claimant: J. H.; Respondent / Commission: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
26 February 2021
Procedural Posture
Employment Insurance Appeal to Social Security Tribunal General Division / Decision by General Division
Outcome
Appeal allowed; claimant found to have elected standard parental EI benefits
Legal Topics
Parental Benefits Election, Maternity Benefits, Benefit Conversion, Form Interpretation, Irrevocability of Election
Source Language
English
Employment Insurance Administrative Law Social Security Parental Benefits Election Maternity Benefits Benefit Conversion Form Interpretation Irrevocability of Election

Case Brief

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Parties

J. H.

Appellant / Claimant

Canada Employment Insurance Commission

Respondent / Commission

Procedural Posture

Employment Insurance Appeal to Social Security Tribunal General Division / Decision by General Division

Legal Issues

  1. 1 Did the claimant elect extended parental EI benefits?
  2. 2 Whether the claimant's application form and surrounding circumstances show an intent to elect standard or extended parental benefits
  3. 3 Whether the irrevocability provision (once benefits are paid) prevents relief in these circumstances

Ratio Decidendi

On a balance of probabilities the Tribunal found the claimant did not intend to elect the extended parental benefit option; evidence of her stated intention to take 12 months leave, employer communications, the ROE, the way the online form posed the weeks question, her personal circumstances and prompt contact with Service Canada after receiving the unexpected payment collectively established she intended the standard option, so the appeal is allowed and the claimant is deemed to have elected standard parental benefits.

Court Disposition

Appeal allowed; claimant found to have elected standard parental EI benefits

Orders

  • Convert claimant's parental benefits election to the standard option (up to 35 weeks at standard rate)
  • Commission to adjust claimant's payments accordingly and pay any difference owing resulting from the conversion to the standard parental benefits option