Decision T1777.18

Case Number Claimant Judge Language Decision date
Decision T1777.18 Arksey  Boswell, Keith M.  English 2019-10-02
Decision Appealed Appellant Corresponding Case
Judicial Review Dismissed  No Claimant  -

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings  allocation  from week of layoff 


The claimant challenged the decision of the Appeal Division which denied the leave to appeal of the SST - General Division decision confirming that she owes an EI overpayment of $4497 pursuant to section 43 and 47 of the EI Act. The General Division found that the money the claimant received constituted earnings under subsection 35(2) of the Employment Insurance Regulations, because the payment compensated her for her dismissal. The General Division found the claimant liable to repay any amount the Commission paid her as benefits to which she was not entitled under section 43 of the Employment Insurance Act. the Appeal Division refused the application for leave to appeal because the appeal had no reasonable chance of success. The application for judicial review was dismissed.

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