The legislation provides for insurance against the loss of earnings arising from unemployment. In determining a claimant's entitlement to benefit, therefore, it does not take into consideration income received by the claimant from sources other than employment.
Robinson v. Canada (A.G.), June 17, 1987, F.C.J. No. 539 (F.C.A.) A-589-86
The Act and Regulations set up an insurance scheme under which the beneficiaries are protected against the loss of income resulting from unemployment. The purpose of the scheme is to compensate unemployed persons for a loss; it is not to pay benefits to those who have not suffered any loss. An unemployed person who has been compensated by his former employer for the loss of his or her wages cannot be said to suffer any loss. A loss which has been compensated no longer exists. The Act and Regulations must be interpreted so as to prevent those who have not suffered any loss of income from claiming benefits.
Canada (A.G.) v. Walford, [1979] 1 F.C. 768 (F.C.A.) A-263-78
The onus is on claimants to show that payments received are not earnings.
Mayor v. Minister of Employment and Immigration [1989], 97 F.C.J. 353 (F.C.A.) A-667-88
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2009-04-28