Decision A-0137.01

Case Number Claimant Judge Language Decision date
Decision A-0137.01 Miller Joanne  Federal  English 2002-10-07
Decision Appealed Appellant Corresponding Case
Judicial Review Dismissed  No Claimant 


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts  maximum payable  special benefits 

Summary:

Claimant received 40 weeks of combined (15 maternity, 10 parental, 15 regular) benefits. She alleged that the legislation was discriminatory because she was not entitled to the full 40 weeks of regular benefits under Schedule I. The Federal Court of Appeal had previously ruled that the combined benefits cap was not discriminatory (Sollbach A-197.98). The Court concluded that Sollbach was still good law and dismissed the case of Ms Miller. N.B. The Supreme Court of Canada denied Ms Miller's request for leave to appeal.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts  maternity benefits  charter 

Summary:

Claimant received 40 weeks of combined (15 maternity, 10 parental, 15 regular) benefits. She alleged that the legislation was discriminatory because she was not entitled to the full 40 weeks of regular benefits under Schedule I. The Federal Court of Appeal had previously ruled that the combined benefits cap was not discriminatory (Sollbach A-197.98). The Court concluded that Sollbach was still good law and dismissed the case of Ms Miller. N.B. The Supreme Court of Canada denied Ms Miller's request for leave to appeal.


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