S. J. v. Canada Employment Insurance Commission

S. J. v. Canada Employment Insurance Commission

The Tribunal applied the statutory rule that the regional unemployment rate is determined by the claimant's ordinary residence (Edmonton) and that the table in s.7(2) requires 630 hours at that rate; because the claimant had only 624 hours in the qualifying period he did not meet the statutory requirement and the...

Source-derived case information.

Citation
2017 SSTGDEI 104
Parties
Claimant: S. J.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
6 July 2017
Procedural Posture
Employment Insurance (ei) Appeal / Appeal to Social Security Tribunal, General Division
Outcome
Appeal dismissed
Legal Topics
Qualifying Hours, Regional Unemployment Rate, Ordinary Residence, Reconsideration, Notice of Hearing and Proceeding in Absence
Source Language
english
Employment Insurance Administrative Law Social Security Law Qualifying Hours Regional Unemployment Rate Ordinary Residence Reconsideration Notice of Hearing and Proceeding in Absence

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Parties

S. J.

Claimant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance (ei) Appeal / Appeal to Social Security Tribunal, General Division

Legal Issues

  1. 1 Whether the claimant accumulated the required number of insurable hours under subsection 7(2) of the EI Act
  2. 2 Whether the regional unemployment rate for calculating required hours is determined by where the claimant worked or by where the claimant was ordinarily resident
  3. 3 Whether the Tribunal could proceed in the claimant's absence after valid notice

Ratio Decidendi

The Tribunal applied the statutory rule that the regional unemployment rate is determined by the claimant's ordinary residence (Edmonton) and that the table in s.7(2) requires 630 hours at that rate; because the claimant had only 624 hours in the qualifying period he did not meet the statutory requirement and the appeal must be dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed