Decision A-0117.97
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Issue:
Sub-Issue 1:
Sub-Issue 2:
Sub-Issue 3:
basic concepts
benefit periods
commencement date
Summary:
Benefit period effective 7-10-90. July 93 claimant received a payment in settlement of his wrongful dismissal. The allocation prevented claimant from establishing an interruption of earnings until 19-11-90 which coincided with the coming into force of Bill C-21, reducing entitlement from 50 to 41 weeks of benefits. Umpire ruled that the amending legislation is not applicable to the claimant's claim, he is entitled to the period of benefits according to the law which existed at the date of his application on 7-10-90. FCA focused on the use of the word "established" and not "commenced" in the transitional provision, there is no doubt that there had been a benefit period "established" in favour of the claimant effective 7-10-90 before the provisions determining its length were repealed. FCA maintained Umpire's decision.
Other Issue(s):
Sub-Issue 1:
Sub-Issue 2:
Sub-Issue 3:
basic concepts
benefit periods
duration
Decision 42015
Full Text
Issue:
Sub-Issue 1:
Sub-Issue 2:
Sub-Issue 3:
basic concepts
benefit periods
commencement date
Summary:
BOR erred in law in deciding that a benefit period started on a Wednesday since this is contrary to the EI Act which states that a benefit period starts on a Sunday.
Other Issue(s):
Sub-Issue 1:
Sub-Issue 2:
Sub-Issue 3:
board of referees
errors in law
misinterpretation of provision
Decision A-1102.92
Full Text
Issue:
Sub-Issue 1:
Sub-Issue 2:
Sub-Issue 3:
basic concepts
benefit periods
commencement date
Summary:
Last day worked 15-11-90 (Thursday). New legislation in effect 18-11. Claim filed 20-11. Number of insured weeks: 20 including last week worked. Cannot benefit of former legislation as he would not qualify with 19 weeks. Can only qualify from 18-11 when new legislation applies. No change by FC.
Other Issue(s):
Sub-Issue 1:
Sub-Issue 2:
Sub-Issue 3:
board of referees
rules of construction
effective date of proviso
Decision 21248
Full Text
Issue:
Sub-Issue 1:
Sub-Issue 2:
Sub-Issue 3:
basic concepts
benefit periods
commencement date
Summary:
Refer to: A-1102.92
Other Issue(s):
Sub-Issue 1:
Sub-Issue 2:
Sub-Issue 3:
board of referees
rules of construction
effective date of proviso
Decision 15637
Full Text
Issue:
Sub-Issue 1:
Sub-Issue 2:
Sub-Issue 3:
basic concepts
benefit periods
commencement date
Summary:
The beginning was established as of 2-10-83, in accordance with the CEIC circular, even though the insured person filed his application only on 11-10-83 and despite the clear provisions of 9(1)(b). Complications followed regarding calculation of the rate of benefit. The beginning was moved back to 9-10-83.
Other Issue(s):
Sub-Issue 1:
Sub-Issue 2:
Sub-Issue 3:
reconsideration of claim
factual cases
rate of benefit
Decision 12553
Full Text
Issue:
Sub-Issue 1:
Sub-Issue 2:
Sub-Issue 3:
basic concepts
benefit periods
commencement date
Summary:
Benefit period starts either week of interruption of earnings or week of claim. Once established, starting date cannot be adjusted to entitle claimant to maximum payable. CEIC not required to inform claimant of most advantageous date.
