Canada Case Law

EM v Canada Employment Insurance Commission

Court

Social Security Tribunal of Canada

The General Division correctly applied s.10(4): the claimant failed to demonstrate that he did what a reasonable person in his situation would have done to determine EI entitlement for the entire delay period, and expectations of finding work or mistaken beliefs about eligibility do not constitute good cause; therefore the antedate was not warranted and the appeal fails.

Source excerpt

• Employment insurance benefits
• Antedate under section 10(4)
• Good cause for delay
• Appeal standard of review

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K. M. v. Canada Employment Insurance Commission

Court

Social Security Tribunal of Canada

Allow further time and grant leave to appeal because the Board communicated a 60-day time limit creating a reasonable expectation justifying extension, and because the Board failed to consider or apply s.51 of the Employment Insurance Regulations such that the appeal has a reasonable chance of success.

Source excerpt

• Employment insurance
• Severance
• Work-force reduction
• Leave to appeal
• Time limits
• Reasonable expectation

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Doucet v. M.N.R.

Court

Tax Court of Canada

Given the evidence and new facts presented, including the appointment records, lack of substantiation that the worker actually worked 40 hours weekly, the disparity between recorded client hours and hours reported on the record of employment, and the overall assessment of remuneration, the Minister's decision that the employment was excluded under ss.5(2)(i) and 5(3)(b) was reasonable and was therefore confirmed.

Source excerpt

• Insurable employment
• Related persons/deemed arm's length
• Remuneration and reasonableness
• Ministerial decision review

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Canadian Pacific Ltd. v. Gill et al.

Court

Supreme Court of Canada

The Supreme Court of Canada held Canadian Pacific Ltd. and its driver solely liable for a fatal collision and ruled Canada Pension Plan benefits were not deductible from damages.

• Negligence
• Fatal accidents
• Deduction of pension benefits from damages
• Canada pension plan
• Families' compensation act s.4(4)
• Fatal-accidents

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