JK v Canada Employment Insurance Commission

JK v Canada Employment Insurance Commission

The Tribunal found the claimant's testimony credible and supported by surrounding evidence and circumstances (postpartum state, intended return-to-work timing and communications), and therefore concluded she intended to elect the standard parental benefits despite the application indicating the extended option; the...

Source-derived case information.

Citation
2022 SST 459
Parties
Claimant: J. K.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
5 January 2022
Procedural Posture
Employment Insurance Parental Benefits Appeal / General Division Decision
Outcome
Appeal allowed
Legal Topics
Parental Benefits Election, Irrevocability of Election, Mistake in Election, Credibility Assessment
Source Language
english
Employment Insurance Administrative Law Social Security Parental Benefits Election Irrevocability of Election Mistake in Election Credibility Assessment

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 9 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

J. K.

Claimant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance Parental Benefits Appeal / General Division Decision

Legal Issues

  1. 1 Whether the claimant intended to elect the standard or extended parental benefits when she completed the application
  2. 2 Whether a mistaken election can be corrected after payments have begun given the irrevocability rule

Ratio Decidendi

The Tribunal found the claimant's testimony credible and supported by surrounding evidence and circumstances (postpartum state, intended return-to-work timing and communications), and therefore concluded she intended to elect the standard parental benefits despite the application indicating the extended option; the appeal was allowed on that basis.

Court Disposition

Appeal allowed

Orders

  • Appeal allowed; claimant's parental benefits election is treated as the standard parental benefits option