The Commission is authorized to deduct from benefits payable payments which a claimant has received or is entitled to receive from motor vehicle accident insurance provided under or pursuant to a provincial law in respect of the actual or presumed loss of income from employment due to injury, if the benefits paid or payable under the Act are not taken into account in determining the amount which the claimant received or is entitled to receive from such insurance.
Paragraph 35(2)(d) Employment Insurance Regulations
Gall v. Canada (A.G.), January 26, 1995, 2 F.C. 413 (F.C.A.) A-94-94
In order to determine whether payments made under provincial no-fault insurance plans are earnings, it is necessary to examine the applicable provincial legislation in each case in order to ascertain the precise purpose for which the no-fault payments were in fact made. If the payments are compensation for actual or presumed loss of income from employment due to injury from a motor vehicle accident, they are earnings. If the payments are made as compensation for non-income losses, they are not earnings.
Gall v. Canada (A.G.), January 26, 1995, 2 F.C. 413 (F.C.A.) A-94-94
As long as a payment is made to a claimant under a scheme of motor vehicle insurance regulated by the provincial government that provides for the payment of benefits for loss of wages, the benefits constitute earnings for the purposes of the Regulations, provided that the other requirements of the Regulations have been met.
Canada (A.G.) v. Lalonde [1996], F.C.J. No. 1295 (F.C.A.) A-378-96
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2009-04-28