E. K. v. Canada Employment Insurance Commission

E. K. v. Canada Employment Insurance Commission

Claimant did not satisfy s.10(13)(c) because the maximum total number of weeks established for the benefits actually paid during her benefit period (sickness 15 + maternity 15 = 30) is not greater than 50; therefore the benefit period could not be extended and the Commission correctly paid 8 weeks of maternity...

Source-derived case information.

Citation
2016 SSTGDEI 45
Parties
Claimant/appellant: E. K.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
25 March 2016
Procedural Posture
Employment Insurance (ei) Appeal / Decision at General Division
Outcome
Appeal dismissed
Legal Topics
Benefit Period Extension, Maternity Benefits, Sickness Benefits, Parental Benefits, Statutory Interpretation, Section 10(13) of the EI Act
Source Language
english
Employment Insurance Social Security Administrative Law Benefit Period Extension Maternity Benefits Sickness Benefits Parental Benefits Statutory Interpretation +1 more

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Parties

E. K.

Claimant/appellant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance (ei) Appeal / Decision at General Division

Legal Issues

  1. 1 Whether the benefit period can be extended under subsection 10(13) of the EI Act
  2. 2 Whether the correct number of weeks of benefits were paid under subsection 10(2) and subsection 12(3) of the EI Act
  3. 3 Whether misinformation from a Commission agent or humanitarian grounds can alter statutory entitlement

Ratio Decidendi

Claimant did not satisfy s.10(13)(c) because the maximum total number of weeks established for the benefits actually paid during her benefit period (sickness 15 + maternity 15 = 30) is not greater than 50; therefore the benefit period could not be extended and the Commission correctly paid 8 weeks of maternity benefits within the fixed 52-week benefit period, so the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed.
  • No extension of the benefit period under subsection 10(13) of the Employment Insurance Act.