FM v Canada Employment Insurance Commission

FM v Canada Employment Insurance Commission

The appellant required 490 hours of insurable employment under the applicable regional rate but only had 448 hours; statutory requirements for insurable hours are binding and cannot be excused by reliance on incorrect information from a government employee, therefore the appellant does not qualify for EI benefits.

Citation
2023 SST 978
Parties
Appellant: F. M.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
23 May 2023
Procedural Posture
Employment Insurance Appeal to Social Security Tribunal General Division / General Division Decision
Outcome
Appeal dismissed
Legal Topics
Hours of Insurable Employment, Qualification for Benefits, Reliance on Government Information, Regional Unemployment Rate
Source Language
English
Employment Insurance Administrative Law Social Security Hours of Insurable Employment Qualification for Benefits Reliance on Government Information Regional Unemployment Rate

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Parties

F. M.

Appellant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance Appeal to Social Security Tribunal General Division / General Division Decision

Legal Issues

  1. 1 Has the appellant worked sufficient hours of insurable employment to qualify for EI benefits?
  2. 2 Does reliance on incorrect information from a government employee excuse failure to meet statutory hours requirements?

Ratio Decidendi

The appellant required 490 hours of insurable employment under the applicable regional rate but only had 448 hours; statutory requirements for insurable hours are binding and cannot be excused by reliance on incorrect information from a government employee, therefore the appellant does not qualify for EI benefits.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Claimant does not qualify for Employment Insurance benefits due to insufficient hours