Canada Case Law

NS v Canada Employment Insurance Commission

Court

Social Security Tribunal of Canada

The Tribunal found on the evidence that the claimant was available for work and did not begin work-sharing until July 5, 2020, therefore she was entitled to EI-ERB through July 4, 2020; payment records show only two weeks of the $2,000 advance had been recovered before conversion, so she received two excess weeks of EI-ERB and must repay the equivalent of two weeks ($1,000); the Tribunal lacked authority to write off overpayments.

Source excerpt

• Ei-erb
• Overpayment recovery
• Work-sharing
• Jurisdiction
• Covid-19 emergency orders
• Advance payment

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Canada Hanjiang Construction Ltd. v. Lee's Noodle House Ltd.

Court

Supreme Court of British Columbia

The court held that COVID-19 emergency order MO86 suspended the Builders Lien Act limitation period, and MO98 did not retroactively cancel that suspension.

• Builders lien act s.33
• Certificate of pending litigation
• Limitation periods
• Ministerial orders (mo86, mo98)
• Covid-19 emergency orders
• Registration of land charges

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Canada Hanjiang Construction Ltd. v. Lee's Noodle House Ltd.

Court

Supreme Court of British Columbia

The court held that a 20-day suspension under Ministerial Order M086 extended the Builders Lien Act deadline, so the CPL was timely and the strike application failed.

• Builders lien
• Certificate of pending litigation
• Limitation periods
• Ministerial orders
• Covid-19 emergency orders
• Costs

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