Decision A-0178.86

Case Number Claimant Judge Language Decision date
Decision A-0178.86 Côté R.  Federal  French 1986-07-04
Decision Appealed Appellant Corresponding Case
Dismissed Unanimous  No N/A  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings  charter 

Summary:

The Commission could not provide that the family allowances constitute earnings because there is no connection with work done. It has the power to enact, as it did, that sickness or disability payments constitute earnings. Amendment in 1-86 based on 44(q) with respect to pension. A regulatory power is vested in the CEIC, not only a power to specify and clarify. It has the power to include within earnings income which is not in that category but which resembles it. Leave to appeal dismissed by SC.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts  eligibility to benefits 

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.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  rules of construction  effective date of proviso 

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.


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]


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings  pension  charter 

Summary:

It is correct to say that pensions are not compensation for labour but are paid in consideration of the contributions made to the pension plan. This does not mean that s. 57 is null. Regulatory power duly exercised. Leave to appeal dismissed by SC.


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