Decision A0322.09

Case Number Claimant Judge Language Decision date
Decision A0322.09 Brown  Pelletier, J.A..  English 2010-06-03
Decision Appealed Appellant Corresponding Case
Judicial Review Dismissed  No Claimant  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work  restrictions  health reasons 

Summary:

The claimant received EI sickness benefits for the maximum period allowed under 12(3)c) of the EIA. She was later found disentitled to regular EI benefits because her condition rendered her incapable of working. Before the FCA, the claimant raised, for the first time, an incomplete s. 15 Charter claim. The FCA found that the claimant failed to put before the FCA a factual record upon which a determination of constitutionality could appropriately be made. One consequence of her failure to do so is that the AG was deprived of the opportunity to tender evidence regarding a justification of a potential breach of s. 15 under s. 1 of the Charter.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work  proof  charter 

Summary:

The claimant received EI sickness benefits for the maximum period allowed under 12(3)c) of the EIA. She was later found disentitled to regular EI benefits because her condition rendered her incapable of working. Before the FCA, the claimant raised, for the first time, an incomplete s. 15 Charter claim. The FCA found that the claimant failed to put before the FCA a factual record upon which a determination of constitutionality could appropriately be made. One consequence of her failure to do so is that the AG was deprived of the opportunity to tender evidence regarding a justification of a potential breach of s. 15 under s. 1 of the Charter.


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