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  • Special Benefits / Sickness

    Disclaimer:
    *This asterisk denotes recent case law.

    Questions to Answer



    1. "major attached" (600 hours), or
    2. "minor attached" (less than 600 hours) and ceased work for reason other than incapacity?
    3. unable to work by reason of illness, injury or quarantine?
    4. otherwise available?
    5. proof of incapacity?
    6. special benefits already paid? Weeks remaining to draw sickness benefits?

    References


     
    Act: sections 12 Employment Insurance Act, 21 Employment Insurance Act, paragraph 18(b) Employment Insurance Act; related: subsection 6(1) Employment Insurance Act, section 13 Employment Insurance Act
    Regulation: section 40 Employment Insurance Regulations 

    Legal test


     


    Onus of proof


     
    Claimant must prove entitlement to sickness benefits

    Key Case Law


     
    PETERSON A-370-95 Judgment Of The Federal Court Of Appeal: Sickness benefits outside Canada.

    CRUPI A-451-85 Judgment Of The Federal Court Of Appeal "otherwise available"

    A-479-94 Judgment Of The Federal Court Of Appeal: Incapacity must be the claimant's and not that of another person.

    PANNU A-147-03 Judgment Of The Federal Court Of Appeal: Minimum number of insured hours must be accumulated in the qualifying period to be entitled.





    2012-01-05