Summary of Issue: Applicability


Decision 42206 Full Text of Decision 42206

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings income applicability
Summary:

According to the 1993 amendment to section 57(6)(c) of the Regulations, the claimant's income as chair of the BOR must be allocated and deducted from the amount of benefit otherwise payable, taking into account the part that can be assigned to expenses, which cannot be considered earnings.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings income elected or appointed representative

Decision 27140 Full Text of Decision 27140

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings income applicability
Summary:

Sums which are received from the employer are presumed earnings and must therefore be allocated unless the amount falls within an exception in ss. 57(3) or do not arise from employment (see CUB 17598).

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings wages or salary retroactive increases
earnings allocation by reason of separation
earnings pension plan surplus including interests

Decision 17589 Full Text of Decision 17589

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings income applicability
Summary:

While the claimant chose an RRSP because of its benefits for tax purposes, the treatment of income under one statute (Income Tax Act) does not apply in a different statute (UI Act).

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees natural justice free of bias

Decision 14680 Full Text of Decision 14680

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings income applicability
Summary:

Any special meaning given to "income" under the Income Tax Act does not automatically apply to the interpretation of that word in the UI Act. [p._3]

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings retirement allowances
earnings income paid into rrsp

Decision A-0261.86 Full Text of Decision A-0261.86

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings income applicability
Summary:

Authority in 44(q) examined but not discussed. The term earnings is not defined in the Act. To this end, s. 57 was adopted for the determination of earnings while 58 was adopted for the purpose of their allocation. See comments from Justice Thurlow.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings charter
earnings vacation pay trust fund
earnings allocation applicability

Decision 12002 Full Text of Decision 12002

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings income applicability
Summary:

Refer to: A-0261.86

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings charter
earnings vacation pay trust fund
earnings allocation applicability

Decision 12101 Full Text of Decision 12101

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings income applicability
Summary:

The definition of "income" is broad enough to encompass any sort of receipt by a claimant in monetary or other form from an employer or other person. [p. 4]


Decision A-1195.84 Full Text of Decision A-1195.84

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings income applicability
Summary:

Claimant was offered 3 options by the employer. Whether the result would have been different had she chosen option (b) need not be considered since, in fact, she chose option (c). [p. 5]

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
interruption of earnings conditions required
earnings allocation without services
earnings severance pay definition

Decision A-0263.78 Full Text of Decision A-0263.78

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings income applicability
Summary:

The judgment of this Court in Atkins was rendered under the Income Tax Act. It cannot be invoked when interpreting the UI Regulations unless it be clear that the word "income" has the same meaning in both enactments.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings charter
earnings rationale
earnings proof
board of referees legislative authority provincial and other laws
earnings awards as income
earnings awards legal costs
earnings income amount unknown
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