| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
awards |
nature of monies |
|
Summary:
Held that a settlement stemming from an action that claimant initiated under the Alberta Individual Rights Protection Act and compensating her for lost wages was earnings even if she was told by a CEIC officer prior to the settlement that Human rights settlement was not earnings.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| reconsideration of claim |
errors by Commission |
legal remedy |
|
Summary:
Where there is clear prejudice resulting from wrong information given by the CEIC to a claimant, there is inherent unfairness in the CEIC being able to avoid the liability that any private litigant would incur simply because its obligations arise under statutory and regulatory provisions.
In circumstances such as these, where there is no doubt that the representation was made and was relied upon, a responsible course of action by the Commission would be to consider making an ex gracia payment to claimant to compensate for the loss. Notwithstanding this, I am bound by the law.
