Canada Case Law

Canada Employment Insurance Commission v SB

Court

Social Security Tribunal of Canada

The General Division erred in law by applying the temporary exemption in s.77.997 because the vacation pay became due and payable only during the planned leave period in August and not at separation; consequently the exemption does not apply and the earnings must be allocated under section 36(8)(b) over the period August 4 to 30, 2025, based on the claimant's normal weekly earnings.

Source excerpt

• Allocation of earnings
• Vacation pay
• Interpretation of ei regulations section 77.997
• Application of sections 36(8)(b) and 36(9)

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SP v Canada Employment Insurance Commission

Court

Social Security Tribunal of Canada

Leave to appeal was refused because the claimant failed to identify an arguable reviewable error within the statutory grounds (s.58(1) DESD Act); the General Division correctly treated the settlement components as earnings and allocated them from the week of separation, and corrected the Commission's calculation accordingly.

Source excerpt

• Severance pay
• Vacation pay
• Earnings allocation
• Leave to appeal
• Reviewable errors
• Wrongful dismissal settlement

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RD v Canada Employment Insurance Commission

Court

Social Security Tribunal of Canada

The $8,492.25 characterized as vacation pay is earnings and must be allocated beginning the week of separation (week of April 9, 2023) at $878.43 per week; the $10,000 grievance settlement is not earnings because it was paid to settle the dispute and to obtain the appellant's relinquishment of a contractual right to reinstatement, and the appellant proved on the balance of probabilities that the payment met the established exception criteria.

Source excerpt

• Earnings allocation
• Vacation pay
• Severance pay
• Reinstatement
• Grievance settlement

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Ord v. Safi Media Company

Court

Nova Scotia Small Claims Court

PTO had no cash value under the contract and the claimant is entitled to statutory vacation pay at 4% of wages for the period January 1–March 10, 2025; the payment in lieu of notice did not include vacation pay because the defendant did not intend it to do so and did not evidence such intention.

Source excerpt

• Vacation pay
• Termination
• Paid time off (pto)
• Wages
• Statutory interpretation
• Costs

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Bank of Montreal v. Cheetham

Court

British Columbia Court of Appeal

Appeal allowed in part. The Court upheld certification of the breach of contract claim and class procedure, but set aside certification of the good faith claim.

• Vacation pay
• Statutory holiday pay
• Canada labour code compliance
• Duty of honest performance/good faith
• Certification criteria
• Preferability

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KT v Canada Employment Insurance Commission

Court

Social Security Tribunal of Canada

The $33,101.30 represented earnings (vacation pay, pay in lieu of notice, severance) under s35 of the EI Regulations, and because those amounts were paid because of the Appellant's separation they were correctly allocated to start the week of separation (week of June 9, 2024) under s36(9); that allocation produced a $8,016 overpayment (12 weeks x $668) which must be repaid under s44, and the Tribunal could not write it off under the applicable statutory framework, but the record shows it has been repaid.

Source excerpt

• Earnings allocation
• Overpayment
• Severance pay
• Vacation pay
• Pay in lieu of notice
• Write-off request

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Brito v. Ecora Engineering & Environmental Ltd.

Court

Supreme Court of British Columbia

The court found Ms. Brito was entitled to overtime throughout her employment, awarded unpaid wages and related amounts, dismissed Ecora’s counterclaim, and ordered punitive costs.

• Overtime pay
• Unpaid wages
• Statutory holiday pay
• Vacation pay
• Rrsp contributions
• Severance repayment

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MN v Canada Employment Insurance Commission

Court

Social Security Tribunal of Canada

Leave to appeal refused because the Claimant failed to show a reasonable chance of success: no arguable procedural fairness, jurisdictional, or important factual error; any arguable legal error about week start dates did not change the outcome since the General Division confirmed the Commission’s allocation and deductions were correct and supported by the evidence.

Source excerpt

• Leave to appeal
• Earnings allocation
• Vacation pay
• Procedural fairness
• Jurisdictional error

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RT v Canada Employment Insurance Commission

Court

Social Security Tribunal of Canada

Leave to appeal refused because the claimant failed to raise an arguable case: she pointed to no specific breach of procedural fairness and the General Division's minor clerical errors were immaterial; the law clearly treats vacation pay as earnings properly allocated to the first week of separation, so there is no basis to intervene.

Source excerpt

• Leave to appeal
• Procedural fairness
• Allocation of earnings
• Vacation pay
• Clerical errors

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CE v Canada Employment Insurance Commission

Court

Social Security Tribunal of Canada

The Appellant received $54,935 in earnings (severance, vacation, bonus) which must be allocated beginning the week of separation (week of September 22, 2024) at her normal weekly earnings of $1,462; after deducting $1,004 earned in the last week of work $458 was allocated to the week of separation, the remainder was allocated in successive weeks (rounded to whole dollars), resulting in an allocation that prevents benefits for 37 weeks and a benefit period commencing September 29, 2024 extended by 37 weeks.

Source excerpt

• Earnings allocation
• Severance pay
• Vacation pay
• Benefit period commencement
• Benefit period extension
• Normal weekly earnings

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