J. P. v. Canada Employment Insurance Commission

J. P. v. Canada Employment Insurance Commission

CRA's insurability ruling that the claimant accrued 759 insurable hours in the qualifying period is binding; with an RRU of 5.4% and 759 hours Schedule I yields 14 weeks of benefits; the Tribunal must apply the Act and Schedule I mathematically and has no discretion to alter the result.

Source-derived case information.

Citation
2019 SST 1305
Parties
Appellant (claimant): J. P.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
23 October 2019
Procedural Posture
Employment Insurance Appeal / General Division Decision
Outcome
Appeal dismissed with modification
Legal Topics
Insurable Hours, Weeks of Entitlement, Regional Rate of Unemployment, Qualifying Period, CRA Insurability Ruling, Statutory Interpretation
Source Language
english
Employment Insurance Administrative Law Tax (cra Jurisdiction) Social Security Insurable Hours Weeks of Entitlement Regional Rate of Unemployment Qualifying Period +2 more

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Parties

J. P.

Appellant (claimant)

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance Appeal / General Division Decision

Legal Issues

  1. 1 What is the applicable regional rate of unemployment (RRU) at the time of application?
  2. 2 What is the claimant's qualifying period?
  3. 3 How many hours of insurable employment did the claimant accrue in the qualifying period?

Ratio Decidendi

CRA's insurability ruling that the claimant accrued 759 insurable hours in the qualifying period is binding; with an RRU of 5.4% and 759 hours Schedule I yields 14 weeks of benefits; the Tribunal must apply the Act and Schedule I mathematically and has no discretion to alter the result.

Court Disposition

Appeal dismissed with modification

Orders

  • Increase total insurable hours to 759 for the period April 29, 2018 to April 27, 2019
  • Confirm entitlement to 14 weeks of Employment Insurance regular benefits