JL v Canada Employment Insurance Commission

JL v Canada Employment Insurance Commission

The General Division correctly determined the interruption of earnings occurred September 29, 2021 and the initial claim was made September 27, 2021, so the benefit period began September 26, 2021; because section 153.17 ceased to apply on September 25, 2021 the temporary 300‑hour credit could not be applied to a benefit period beginning September 26, 2021 or later; the claimant had only 200 insurable hours which is below the 420 hours required as of that benefit period start date; there is no arguable legal or factual error by the General Division and therefore no reasonable chance of success on appeal.

Citation
2022 SST 399
Parties
Applicant: J. L.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
18 May 2022
Procedural Posture
Employment Insurance Regular Benefits / Leave to Appeal (appeal Division)
Outcome
Permission to appeal refused
Legal Topics
Employment Insurance, Benefit Period, Qualifying Period, Statutory Cessation of Temporary Measures, Leave to Appeal
Source Language
English
Employment Law Administrative Law Social Security Law Statutory Interpretation Employment Insurance Benefit Period Qualifying Period Statutory Cessation of Temporary Measures +1 more

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Parties

J. L.

Applicant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance Regular Benefits / Leave to Appeal (appeal Division)

Legal Issues

  1. 1 Whether the General Division erred in law by determining the claimant's benefit period began on September 26, 2021
  2. 2 Whether section 153.17(1)(b) of the Employment Insurance Act applied to the claimant despite its stated cessation date
  3. 3 Whether the General Division erred in law by finding the claimant did not have sufficient insurable hours to qualify for benefits

Ratio Decidendi

The General Division correctly determined the interruption of earnings occurred September 29, 2021 and the initial claim was made September 27, 2021, so the benefit period began September 26, 2021; because section 153.17 ceased to apply on September 25, 2021 the temporary 300‑hour credit could not be applied to a benefit period beginning September 26, 2021 or later; the claimant had only 200 insurable hours which is below the 420 hours required as of that benefit period start date; there is no arguable legal or factual error by the General Division and therefore no reasonable chance of success on appeal.

Court Disposition

Permission to appeal refused

Orders

  • Permission to appeal is refused
  • The appeal will not proceed