Once an amount is determined to be earnings it must be allocated in accordance with the Regulations.
Ferris v. Canada, December 12, 1984, F.C.J. No. 1117 (F.C.A.) A-1223-83
Canada (A.G.) v. Bourdeau, October 30, 1986, F.C.J. No. 694 (F.C.A.) A-99-86
However, before an amount can be allocated under the Regulations, it must first be determined to be earnings.
Vennari v. Canada (C.E.I.C.) , [1987] 3 F.C. 129 (F.C.A.) A-261-86
Fahey v. Canada (A.G.), October 15, 1985, F.C.J. No. 922 (F.C.A.) A-167-85
Once an amount is correctly determined as earnings, it is to be allocated in accordance with the Regulations regardless of what the claimant has used the amount for. The fact that a claimant has chosen to use the money in a certain manner does not affect its characterization as earnings.
Granger v. C.E.I.C., [1989] 1 S.C.R. 141 (S.C.C.) File No. 19959; affirming [1986] 3 F.C. 70 (F.C.A.) A-684-85
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2009-04-29