Decision 500-09-002106-961
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| reconsideration of claim |
overpayment |
any other person's liability |
|
Summary:
This is a pre C-12 case. Court concluded that a trustee of a bankrupcty who pays dividends to former employees is not bound by section 38 of EIA nor is the dividend
"earnings" for the purpose of that section.
Decision 200-11-002175-969
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| reconsideration of claim |
overpayment |
any other person's liability |
|
Summary:
FCA stated that sections 45 and 46 apply to a trustee when the trustee, acting as liquidator in a bankruptcy, pays dividends to a former employee of the bankrupt employer pursuant to section 136(1) of Bankruptcy and Insolvency Act or otherwise. FCA found that to satisfy the obligation that the trustee has under s. 46 of the EI Act, the trustee must check with the Commission to determine whether some of the former employees of the employer owe repayments to him under s. 45 of the Act. The trustee must notify the Commission of the amount that he intends to pay in dividends to the employees, and must give the Commission a copy of the proofs of claim received and accepted, both from the employees in question and from the Parity Committee.
