JW v Canada Employment Insurance Commission

JW v Canada Employment Insurance Commission

The Tribunal dismissed the appeals because the Commission correctly applied the Employment Insurance Act: the parental window ran to August 1, 2020 (including one-week extension for hospitalization) so no parental benefits were payable after that date, and the claimant's new claim for regular benefits within the...

Source-derived case information.

Citation
2021 SST 260
Parties
Appellant / Claimant: J. W.; Respondent / Commission: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
11 February 2021
Procedural Posture
Employment Insurance Appeal / Social Security Tribunal General Division Decision
Outcome
Appeals dismissed
Legal Topics
Parental Benefits, Benefit Period, Waiting Period, Waiver, Statutory Interpretation, Administrative Representations
Source Language
english
Employment Insurance Social Security Administrative Law Parental Benefits Benefit Period Waiting Period Waiver Statutory Interpretation +1 more

Source-derived case record

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Parties

J. W.

Appellant / Claimant

Canada Employment Insurance Commission

Respondent / Commission

Procedural Posture

Employment Insurance Appeal / Social Security Tribunal General Division Decision

Legal Issues

  1. 1 Whether claimant can be paid parental benefits after August 1, 2020
  2. 2 Whether claimant must serve a one-week waiting period for regular EI benefits from August 2 to August 8, 2020
  3. 3 Whether misinformation from Commission agents or website excuses statutory requirements or warrants waiver

Ratio Decidendi

The Tribunal dismissed the appeals because the Commission correctly applied the Employment Insurance Act: the parental window ran to August 1, 2020 (including one-week extension for hospitalization) so no parental benefits were payable after that date, and the claimant's new claim for regular benefits within the same 52-week benefit period required him to serve a one-week waiting period; the later statutory waiver did not apply to his earlier-established claim.

Court Disposition

Appeals dismissed

Orders

  • Appeals dismissed
  • Claimant cannot be paid standard parental benefits after August 1, 2020