Summary of Issue: Acquired Rights


Decision A-1191.88 Full Text of Decision A-1191.88

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority acquired rights
Summary:

It is now well established that a claimant has no vested right that the rules under which benefits will be paid to him on a weekly basis will remain fixed and immutable after the moment he makes his claim. Any change in those rules will be applicable to him.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
antedate applicability implicit request
claim procedure applicability general
earnings pension as income
board of referees rules of construction effective date of proviso
board of referees rules of construction intent and object

Decision A-0778.88 Full Text of Decision A-0778.88

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority acquired rights
Summary:

Claimant says he would have acted otherwise had he been aware that the law would be amended. All have to respect the fact that Parliament can change the law from time to time in the exercise of its constitutional powers, as per Umpire. Implicitly concurred in by FC.


Decision 15446 Full Text of Decision 15446

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority acquired rights
Summary:

Refer to: A-0778.88


Decision 13068 Full Text of Decision 13068

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority acquired rights
Summary:

Even though the benefit period commenced prior to 31-3-85, whether monies subsequently received are earnings under reg. 57 must be determined with reference to the wording of that regulation at the time that he actually claimed his benefits, i.e. on a bi-weekly basis.


Decision A-0178.86 Full Text of Decision A-0178.86

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority acquired rights
Summary:

The establishement of a benefit period does not create a right to receive benefits. Other conditions must be met. The legislative amendments that occur during the benefit period must be taken into account. [leave to appeal denied by SC]

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings charter
basic concepts eligibility to benefits
board of referees rules of construction effective date of proviso
earnings pension charter

Decision A-0235.81 Full Text of Decision A-0235.81

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority acquired rights
Summary:

Claimant engaged in uninsurable employment at time when there was provision treating it as insurable employment for the purposes of eligibility for maternity benefits. Claim made after provision repealed. No vested right.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees rules of construction effective date of proviso

Decision A-0116.79 Full Text of Decision A-0116.79

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority acquired rights
Summary:

Insured accumulated 8 insurable weeks ending on Friday, 2-12. Act amended as of Sunday, 4-12: 10 weeks required instead of 8. Claim for benefit made on 5-12. No vested right to establish a benefit period before 4-12.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts insurability number of weeks calculation

Decision A-0006.80 Full Text of Decision A-0006.80

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority acquired rights
Summary:

Because of strike, insured lost part-time job while he was claimant. Only vested rights: to claim benefits for a certain number of weeks. Entitlement is not a vested right because of 40(1). Case dismissed by FC without comment.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
claim procedure proof required for entitlement
labour dispute loss of employment while claiming ui
Date modified: