SK v Canada Employment Insurance Commission
The CRA's insurability ruling of 681 hours is binding on the Tribunal under s.90 of the Employment Insurance Act, and because the Appellant required 700 hours for her region but only had 681, she did not meet the statutory threshold and the appeal must be dismissed.
- Citation
- 2024 SST 1095
- Parties
- Appellant: S. K.; Respondent: Canada Employment Insurance Commission
- Court
- Social Security Tribunal of Canada
- Jurisdiction
- Canada
- Judgment Date
- 29 July 2024
- Procedural Posture
- Employment Insurance Appeal / General Division Decision
- Outcome
- Appeal dismissed
- Legal Topics
- Qualifying for Benefits, Hours of Insurable Employment, Disclosure of CRA Ruling, Reconsideration
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
S. K.
Appellant
Canada Employment Insurance Commission
Respondent
Procedural Posture
Employment Insurance Appeal / General Division Decision
Legal Issues
- 1 Whether the Appellant worked enough insurable hours to qualify for EI benefits
- 2 Whether the Tribunal is bound by the CRA's insurability ruling
- 3 Whether the Commission was required to produce the CRA ruling before decision-making
Ratio Decidendi
The CRA's insurability ruling of 681 hours is binding on the Tribunal under s.90 of the Employment Insurance Act, and because the Appellant required 700 hours for her region but only had 681, she did not meet the statutory threshold and the appeal must be dismissed.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed
- The Canada Employment Insurance Commission reconsideration decision of April 11, 2024 is upheld
Full Case Text
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