The combined effect of subsection 14(4) of the Employment Insurance Act and subsection 12(2) of the Regulations is to relax the method for calculating benefit rates in a way that favours claimants. It does this by excluding from that calculation the weeks for which a worker received earnings from a wage-loss indemnity plan on account of pregnancy, provided that the worker did not receive insurable earnings from another job in those weeks. In other words, the two provisions protect and benefit those persons, whose needs are greater, and who were unable to hold insurable employment for the reasons set out in those provisions. The sections do not perpetuate the view that certain persons are less capable or less worthy of recognition or value as human beings or as members of Canadian society.
Manoli v. Canada Employment Insurance Commission, 2005 FCA 178 A-118-04
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2010-03-02