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Earnings
Disclaimer:
*This asterisk denotes recent case law.
Questions to Answer
- Are the monies "earnings" for benefit purposes?
- How should the earnings be allocated?
References
Legal test
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:
- MEECHAN A-140-03 Judgment Of The Federal Court Of Appeal, HARNETT A-34-91 Judgment Of The Federal Court Of Appeal, PLASSE A-693-99 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: The meaning of "income" vs earnings under EI legislation. Court award of damages for wrongful dismissal.
- HAMILTON Judgment Of The Federal Court Of AppealA-362-06, BOURGEOIS A-289-03 Judgment of the Federal Court of Appeal, RADIGAN A-567-99 Judgment Of The Federal Court Of Appeal, DUNN A-231-95 Judgment Of The Federal Court Of Appeal, MELANSON A-703-95 Judgment Of The Federal Court Of Appeal, CAGE A-700-95 Judgment Of The Federal Court Of Appeal, KELLAR A-701-95 Judgment Of The Federal Court Of Appeal: Considers the Board's finding of fact regarding the terms of a settlement between employer and employee
- ST AMAND A-582-93 Judgment Of The Federal Court Of Appeal: Considers whether expenses are included in out-of- court settlement
- DESCHAMPS A-489-96 Judgment Of The Federal Court Of Appeal: Payment representing 2 years' salary
- TOUSIGNANT A-520-01 Judgment Of The Federal Court Of Appeal: portion of settlement awarded as aggravated damages for mental distress.
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