MD v Canada Employment Insurance Commission

MD v Canada Employment Insurance Commission

The appellant only had 119 hours of insurable employment within the applicable qualifying period (June 19, 2022 to December 24, 2022), which is insufficient for sickness benefits (600 hours) or regular benefits (665 hours); the qualifying period was correctly limited by the earlier benefit period and the tribunal has no jurisdiction to override statutory qualifying requirements or create an exemption based on equity or Commission agent misstatements; therefore the appeal must be dismissed.

Citation
2023 SST 1248
Parties
Appellant: M. D.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
13 July 2023
Procedural Posture
Employment Insurance / General Division Decision
Outcome
Appeal dismissed
Legal Topics
Hours of Insurable Employment, Qualifying Period, Sickness Benefits, Reconsideration, Tribunal Jurisdiction
Source Language
English
Employment Insurance Administrative Law Social Security Law Hours of Insurable Employment Qualifying Period Sickness Benefits Reconsideration Tribunal Jurisdiction

Case Brief

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Parties

M. D.

Appellant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance / General Division Decision

Legal Issues

  1. 1 Whether the appellant had sufficient hours of insurable employment to qualify for EI sickness benefits as of December 25, 2022
  2. 2 Whether the General Division has jurisdiction or discretion to waive or override EI qualifying requirements on equitable grounds
  3. 3 Whether an earlier benefit period truncates the claimant's qualifying period and the effect on hours counted

Ratio Decidendi

The appellant only had 119 hours of insurable employment within the applicable qualifying period (June 19, 2022 to December 24, 2022), which is insufficient for sickness benefits (600 hours) or regular benefits (665 hours); the qualifying period was correctly limited by the earlier benefit period and the tribunal has no jurisdiction to override statutory qualifying requirements or create an exemption based on equity or Commission agent misstatements; therefore the appeal must be dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Appellant does not qualify for EI benefits as of December 25, 2022 and cannot establish a new claim for the requested sickness benefits