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The Index of Jurisprudence

A Supplement to the Digest of Benefit Entitlement Principles

Summary Search Results...

Decision 64646      Full Text

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Sub-Issue 1:
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basic concepts
qualifying period
extension
out of canada
 

Summary:
The claimant had requested that the insurable hours of employment she accumulated in 2003 be allowed and applied to qualify her claim - but the Umpire and the BOR stated that the Act does not provide for an extension of the qualifying period for absence from Canada.
 

Decision 28281      Full Text

Issue:
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Sub-Issue 3:
 
basic concepts
qualifying period
extension
out of canada
 

Summary:
Hospitalized 6 months during her stay in France. According to the CEIC, the claimant did not demonstrate that had it not been for his incapability he would otherwise be available for work, being outside of Canada. Based on CUB 16819 the Board rightfully refused the extension requested.

Other Issue(s):
Sub-Issue 1:
Sub-Issue 2:
Sub-Issue 3:
 
basic concepts
qualifying period
extension
applicability
 

Decision 26427      Full Text

Issue:
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Sub-Issue 2:
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basic concepts
qualifying period
extension
out of canada
 

Summary:
Claimant left his employment to engage in missionary work as a volunteer and left the country. On his return to Canada, he had only 2 insurable weeks in his qualifying period. Unfortunately, the statute does not provide for an extension of the qualifying period in such a case.
 

Decision 24218      Full Text

Issue:
Sub-Issue 1:
Sub-Issue 2:
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basic concepts
qualifying period
extension
out of canada
 

Summary:
While on a 3-month vacation in Portugal, claimant was diagnosed as having cancer. Surgery and chemo-therapy delayed her return to Canada for 6 months. Para._7(2)(a) is inapplicable, says the Commission, because she was on vacation when she became incapable of work. I do not read this in 7(2)(a).

Other Issue(s):
Sub-Issue 1:
Sub-Issue 2:
Sub-Issue 3:
 
basic concepts
qualifying period
extension
applicability
 

Decision 18661      Full Text

Issue:
Sub-Issue 1:
Sub-Issue 2:
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basic concepts
qualifying period
extension
out of canada
 

Summary:
Left for Ecuador in 3-88. Due to return 7-88 but fell sick. Return ticket not submitted but medical evidence on file. The Board did not err in finding that she failed to establish that the sole reason she was not employed in insurable employment in Canada was illness.

Other Issue(s):
Sub-Issue 1:
Sub-Issue 2:
Sub-Issue 3:
 
basic concepts
qualifying period
extension
applicability
 

Decision 16819      Full Text

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Sub-Issue 2:
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basic concepts
qualifying period
extension
out of canada
 

Summary:
Left employment in Canada 31-7-86 to move to Australia where she worked until hospitalized in 11-86. Returned to Canada in 9-87. Extension possible under ss.7(2) if one not employed in insurable employment due to illness. The crucial expression here is insurable employment.

Other Issue(s):
Sub-Issue 1:
Sub-Issue 2:
Sub-Issue 3:
 
basic concepts
qualifying period
extension
applicability
 

Decision 14946      Full Text

Issue:
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Sub-Issue 2:
Sub-Issue 3:
 
basic concepts
qualifying period
extension
out of canada
 

Summary:
Following last day worked, claimant went out of Canada for 1 year with husband posted in Germany as member of the Canadian Armed Forces. She feels that she should be allowed an extension.
 

Decision 12235      Full Text

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basic concepts
qualifying period
extension
out of canada
 

Summary:
The claimant suggests she was confined by the "institution of marriage" [to explain her stay in England for one year], but that is not the kind of institution meant by ss.18(2).
 

Decision 11223      Full Text

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basic concepts
qualifying period
extension
out of canada
 

Summary:
Resigned her position to accompany husband to Australia. Returned 12 months later. Alleges unfairness. Not covered by the term "quarantine". Parliament's wisdom not to grant extensions to those absent from country.
 

Decision 09400      Full Text

Issue:
Sub-Issue 1:
Sub-Issue 2:
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basic concepts
qualifying period
extension
out of canada
 

Summary:
Claimant resigned to follow husband overseas. Upon her return 4 years later, she contends she should have the same right as is given to one confined in a jail.