MB v Canada Employment Insurance Commission

MB v Canada Employment Insurance Commission

The appellant accumulated 438 hours during the qualifying period but required 490 hours based on her economic region and unemployment rate; there is no evidence to extend the qualifying period and misinformation from a Commission officer does not create entitlement under the Act, so the appellant does not qualify for EI regular benefits and the appeal is dismissed.

Citation
2024 SST 1497
Parties
Appellant: M. B.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
8 November 2024
Procedural Posture
Employment Insurance / General Division Decision
Outcome
Appeal dismissed.
Legal Topics
Hours of Insurable Employment, Qualifying Period, Entitlement to EI Regular Benefits, Misinformation by Service Canada/service Canada Agent
Source Language
English
Employment Insurance Social Security Administrative Law Hours of Insurable Employment Qualifying Period Entitlement to EI Regular Benefits Misinformation by Service Canada/service Canada Agent

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Parties

M. B.

Appellant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance / General Division Decision

Legal Issues

  1. 1 Whether the appellant accumulated the required hours of insurable employment to qualify for EI regular benefits
  2. 2 Whether the appellant's qualifying period can be extended under the Act
  3. 3 Whether misinformation from a Commission officer entitles the appellant to benefits despite not meeting statutory requirements

Ratio Decidendi

The appellant accumulated 438 hours during the qualifying period but required 490 hours based on her economic region and unemployment rate; there is no evidence to extend the qualifying period and misinformation from a Commission officer does not create entitlement under the Act, so the appellant does not qualify for EI regular benefits and the appeal is dismissed.

Court Disposition

Appeal dismissed.

Orders

  • Appeal dismissed.
  • The Commission reconsideration decision (680188) dated September 16, 2024 is confirmed.