CF v Canada Employment Insurance Commission

CF v Canada Employment Insurance Commission

The claimant proved by credible, detailed and consistent evidence (including the application indicating 52 weeks, testimony about planned 52-week return-to-work, and circumstances of an early birth) that she intended the standard parental option (35 weeks of parental benefits plus 15 weeks of maternity benefits), so the election on the application is to be treated as for standard parental benefits and the appeal is allowed.

Citation
2022 SST 547
Parties
Appellant (claimant): C. F.; Respondent (commission): Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
17 February 2022
Procedural Posture
Employment Insurance Parental Benefits / General Division Decision
Outcome
Appeal allowed
Legal Topics
Parental Benefits Election, Irrevocable Election, Mistake in Application, Reconsideration
Source Language
English
Employment Insurance Administrative Law Social Security Parental Benefits Election Irrevocable Election Mistake in Application Reconsideration

Case Brief

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Parties

C. F.

Appellant (claimant)

Canada Employment Insurance Commission

Respondent (commission)

Procedural Posture

Employment Insurance Parental Benefits / General Division Decision

Legal Issues

  1. 1 Whether the claimant intended to elect the standard 35-week parental benefits or the extended 61-week option when she completed her application

Ratio Decidendi

The claimant proved by credible, detailed and consistent evidence (including the application indicating 52 weeks, testimony about planned 52-week return-to-work, and circumstances of an early birth) that she intended the standard parental option (35 weeks of parental benefits plus 15 weeks of maternity benefits), so the election on the application is to be treated as for standard parental benefits and the appeal is allowed.

Court Disposition

Appeal allowed

Orders

  • Claimant's election is treated as for standard parental benefits (35 weeks parental benefits plus 15 weeks maternity benefits); Commission's reconsideration decision is set aside