RS v Canada Employment Insurance Commission

RS v Canada Employment Insurance Commission

Because the applicable regional rate required 420 insurable hours and the claimant only had 300 insurable hours (including the 300-hour temporary credit), the claimant failed to prove on the balance of probabilities that she met the statutory hours requirement; therefore the appeal is dismissed.

Citation
2021 SST 111
Parties
Appellant (claimant): R. S.; Respondent (commission): Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
14 March 2021
Procedural Posture
Employment Insurance / General Division Decision
Outcome
Appeal dismissed
Legal Topics
Qualifying Period, Insurable Hours, Regional Rate of Unemployment, Antedate Request, Temporary Measures 300 Hour Credit
Source Language
English
Employment Insurance Administrative Law Social Security Qualifying Period Insurable Hours Regional Rate of Unemployment Antedate Request Temporary Measures 300 Hour Credit

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Parties

R. S.

Appellant (claimant)

Canada Employment Insurance Commission

Respondent (commission)

Procedural Posture

Employment Insurance / General Division Decision

Legal Issues

  1. 1 Whether the claimant worked sufficient insurable hours to qualify for EI benefits
  2. 2 Whether an antedate request could be decided without a prior reconsideration decision

Ratio Decidendi

Because the applicable regional rate required 420 insurable hours and the claimant only had 300 insurable hours (including the 300-hour temporary credit), the claimant failed to prove on the balance of probabilities that she met the statutory hours requirement; therefore the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; claimant not eligible for EI benefits as she did not have the required 420 hours in the qualifying period.