SK v Canada Employment Insurance Commission

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

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Parties

S. K.

Appellant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance Appeal / General Division Decision

  1. 1 Whether the Appellant worked enough insurable hours to qualify for EI benefits
  2. 2 Whether the Tribunal is bound by the CRA's insurability ruling
  3. 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