Benefits & Social Security
Benefits & Social Security judgments from Canadian courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
SST Reverses Vacation Pay Exemption Decision in EI Appeal
The Social Security Tribunal of Canada reversed a decision that vacation pay received during planned leave after layoff does not qualify for exemption under section 77.997 of the Employment Insurance Regulations. The earnings must be allocated based on normal weekly earnings from August 4 to 30, 2025.
Request for Additional Accident Benefits Dismissed
Appeal Division Rescinds Overpayment Decision for April 6, 2025
The Appeal Division of the Social Security Tribunal rescinded part of a lower court's decision regarding an Employment Insurance (EI) overpayment for earnings in April 6, 2025. The Claimant appealed against this decision and won on one aspect of their case.
Federal Court Rejects Challenge to Benefit Eligibility Decision
Appeal Partially Allowed: Overpayment Jurisdiction Rescinded
Claimant's CPP Pension Increase Appeal Rejected by Social Security Tribunal
A person appealed a decision about their a person retirement pension, claiming there was fraud in their contribution history. However, the tribunal found no proof of missing contributions and confirmed that the original calculation was accurate, dismissing the appeal.
Appeal for Increased CPP Pension Dismissed Due to Lack of Evidence
The claimant requested an increase in her Canada Pension Plan retirement pension, claiming that $2500 was missing from her contributions. However, the appeal was dismissed because she did not provide enough evidence to prove her claims.
Disability Pension Reduced Due to Overpayment
Federal Court Rejects Claim for Retroactive Benefits Due to Lack of Evidence
Claimant Disqualified From EI Due To Misconduct
In this case, the Appeal Division of the Social Security Tribunal ruled that the claimant was disqualified from receiving Employment Insurance (EI) benefits due to misconduct. The decision was based on the claimant's failure to follow safety protocols and their knowledge that such actions could lead to dismissal.
Claimant disqualified from EI benefits for violating safety policies
Appeal Rejected: SST Denies Claimant’s Challenge to EI Earnings Allocation
A worker challenged a decision by the Social Security Tribunal that their severance and vacation pay were considered 'earnings' under Employment Insurance. The tribunal denied permission to appeal, stating there was insufficient reason to believe the original decision was incorrect or unfair.
CPP Disability Pension Appeal Dismissed Due to Lack of Consistent Evidence
SST Denies Leave to Appeal on Employment Insurance Earnings
Social Security Tribunal Allows Appeal Due to Important Error of Fact
In this case, the Social Security Tribunal allowed the appeal because the lower court made an important mistake when deciding the case. The claimant explained she was very anxious and missed the deadline due to a postal strike. As a result, the tribunal gave her more time to file her notice of appeal.
SST Denies Claimant Leave to Appeal EI Decision
In this case, the Social Security Tribunal of Canada refused to allow the claimant to proceed with an appeal against a previous decision about a person (EI) benefits. The tribunal determined that the claimant did not have a strong enough argument to warrant further review.
Time Extended for Appeal but Leave Denied Due to Lack of Merit
The Social Security Tribunal allowed more time for the claimant to file an appeal but ultimately denied the appeal because it lacked merit. The tribunal considered the claimant's personal issues as a reasonable explanation for the delay but found no substantial grounds for the appeal.
Appeal Denied: Employment Insurance Misconduct Case
Claimant Denied Permission to Appeal Overpayment Decision
The Social Security Tribunal denied a claimant's request to appeal an overpayment decision, stating that the appeal lacked a reasonable chance of success. The claimant argued that he was laid off, not voluntarily quitting, but the tribunal found this irrelevant to the original decision regarding the time extension request.