Decision A0422.12

Case Number Claimant Judge Language Decision date
Decision A0422.12 Terrion  Dawson, Eleanor R.  English 2013-04-10
Decision Appealed Appellant Corresponding Case
Judicial Review Dismissed  No Commission  -

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts  qualifying period  definition 


The claimant filed a claim for regular benefits. Because the claimant had a previous claim, the Commission determined that his qualifying period was from March 27, 2011 to March 3, 2012 pursuant to paragraph 8(1)(b) of the EI Act. The claimant accumulated only 542 of insurable hours during his qualifying period, instead of the required 630 hours. The FCA dismissed the application and she focusing on subsection 8(1) of the EI Act and the start date for the claimant’s qualifying period. The FCA noted that, in its submission to the BOR, the Commission made no reference to paragraph 8(1)(b) of the EI Act and made no reference to any prior claim to benefits. The FCA held that the Commission was required to produce some evidence, not merely assert, that the claimant had previously made a claim for benefits so as to shorten his qualifying period.

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