IA v Canada Employment Insurance Commission

IA v Canada Employment Insurance Commission

The General Division erred as a matter of law by interpreting s.14(2) to require weekly earnings to be less than 40% of normal weekly earnings; correctly read, s.14(2) requires a reduction of more than 40%. Considering s.14(1) and the uncontroverted evidence that the claimant ceased work on September 22, 2022, the...

Source-derived case information.

Citation
2024 SST 107
Parties
Appellant: I. A.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
5 February 2024
Procedural Posture
Employment Insurance (ei) Appeal / Appeal Division
Outcome
Appeal allowed
Legal Topics
Interruption of Earnings, Insurable Hours, Statutory Interpretation, Special Benefits (maternity and Parental), Error of Law
Source Language
english
Employment Insurance Social Security Administrative Law Interruption of Earnings Insurable Hours Statutory Interpretation Special Benefits (maternity and Parental) Error of Law

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Parties

I. A.

Appellant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance (ei) Appeal / Appeal Division

Legal Issues

  1. 1 Whether there was an interruption of earnings under s.14(1) or s.14(2) of the Employment Insurance Regulations
  2. 2 Whether the General Division misinterpreted s.14(2) by requiring weekly earnings to be less than 40% of normal earnings rather than a reduction of more than 40%
  3. 3 Whether the claimant had sufficient insurable hours given the temporary 420-hour threshold for benefit periods established between September 26, 2021 and September 24, 2022

Ratio Decidendi

The General Division erred as a matter of law by interpreting s.14(2) to require weekly earnings to be less than 40% of normal weekly earnings; correctly read, s.14(2) requires a reduction of more than 40%. Considering s.14(1) and the uncontroverted evidence that the claimant ceased work on September 22, 2022, the claimant experienced an interruption of earnings and, having 510 insurable hours which exceeds the temporary 420-hour threshold, qualifies for EI maternity and parental benefits commencing September 18, 2022.

Court Disposition

Appeal allowed

Orders

  • The General Division decision dated July 19, 2023 is set aside and replaced: the claimant had an interruption of earnings on September 22, 2022 and had sufficient insurable hours to establish a benefit period starting September 18, 2022; the claimant qualifies for Employment Insurance maternity and parental benefits...