SR v Canada Employment Insurance Commission

SR v Canada Employment Insurance Commission

On the balance of probabilities the claimant did not elect the extended parental EI option. Given the claimant's medical condition, assistance from her mother, ambiguity in the application form (no clear linkage that selected parental weeks were additional to 15 weeks of maternity), her immediate contact with Service Canada after the reduced payment, and the Appeal Division authority permitting examination of claimant intent in cases of confusion, the Tribunal finds the claimant intended the standard parental benefit option and allows the appeal.

Citation
2021 SST 214
Parties
Appellant / Claimant: S. R.; Respondent / Commission: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
26 February 2021
Procedural Posture
Employment Insurance / General Division Decision (hearing)
Outcome
Appeal allowed
Legal Topics
Parental Benefits Election, Standard Parental Benefits, Extended Parental Benefits, Benefit Entitlements, Interpretation of Application Forms
Source Language
English
Employment Insurance Social Security Administrative Law Parental Benefits Election Standard Parental Benefits Extended Parental Benefits Benefit Entitlements Interpretation of Application Forms

Case Brief

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Parties

S. R.

Appellant / Claimant

Canada Employment Insurance Commission

Respondent / Commission

Procedural Posture

Employment Insurance / General Division Decision (hearing)

Legal Issues

  1. 1 Whether the claimant elected extended parental EI benefits
  2. 2 Whether the claimant's election is irrevocable once parental benefits are paid
  3. 3 Whether ambiguity in the application form and claimant's circumstances justify finding a different election

Ratio Decidendi

On the balance of probabilities the claimant did not elect the extended parental EI option. Given the claimant's medical condition, assistance from her mother, ambiguity in the application form (no clear linkage that selected parental weeks were additional to 15 weeks of maternity), her immediate contact with Service Canada after the reduced payment, and the Appeal Division authority permitting examination of claimant intent in cases of confusion, the Tribunal finds the claimant intended the standard parental benefit option and allows the appeal.

Court Disposition

Appeal allowed

Orders

  • Appeal allowed and claimant's parental benefits treated as elected under the standard parental benefits option