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  • Earnings

    Disclaimer:
    *This asterisk denotes recent case law.

    Questions to Answer



    1. Are the monies "earnings" for benefit purposes?
    2. How should the earnings be allocated?


    References


     

    Earnings

    Related: Act section 19 Employment Insurance Act, subsections 21(3) Employment Insurance Act, 22(5) Employment Insurance Act, 23(3) Employment Insurance Act, sections 45 Employment Insurance Act, 46 Employment Insurance Act, Regulations sections 38, Employment Insurance Regulations 39 Employment Insurance Regulations 

    Legal test


     
    To be considered earnings, the income must be "arising out of any employment" - subsection 35(2) of the Regulations   Employment Insurance Regulations
    KING  A-486-95 Judgment Of The Federal Court Of Appeal, VERNON A-597-94 Judgment Of The Federal Court Of Appeal, WALFORD A-263-78 Judgment Of The Federal Court Of Appeal 

    Onus of proof


     
    Claimant must disclose all monies paid or payable and must prove that the income is not earnings and should not be allocated

    Key Case Law

    Allocation of:

    Damages for Wrongful Dismissal:

    Farming Earnings:

    Incapacity / Maternity Monies:

    Miscellaneous Monies:

    Pensions:

    Self-employment Earnings:

    Separation Monies:

    Supplemental Unemployment Benefits:

    Wage Loss Insurance plans:

    Vacation Pay:



    2012-01-16