In order to establish an interruption of earnings, a claimant must be unemployed for seven (7) or more consecutive days.
Subsection 14(1) Employment Insurance Regulations
Canada (A.G.) v. Hartmann (1989), F.C.J. No. 839 (F.C.A.) A-516-88
Where a claimant ceases working for an employer, but within seven (7) days returns to that employer at reduced or part-time hours, there is no interruption of earnings.
Canada (A.G.) v. Giguere, [1979] 1 F.C. 823 (F.C.A.) A-384-78
A person who continues to perform duties under a contract of service but for very little in the way of monetary remuneration, has not suffered an interruption of earnings. The fact that a claimant is not paid may be evidence of a lay-off or separation from employment, but it is not conclusive and it is an error in law to treat it as conclusive.
Canada (A.G.) v. Enns (1990), F.C.J. No. 823 (F.C.A.) A-559-89
Canada (A.G.) v. Larocque, A-592-99, February 22, 2001 (F.C.A.)
The regulations provide that an interruption of earnings occurs where no work is performed by the claimant for his or her employer and no earnings that arise from that employment are payable or allocated. The allocation of earnings to which Subsection 14(1) of the Employment Insurance Regulations refer is the allocation made pursuant to the rules contained in section 36 of the Employment Insurance Regulations. Accordingly, these allocation rules must be applied in determining when an interruption of earnings occurs.
Subsection 14(1) Employment Insurance Regulations
Scully v. Canada(1989), F.C.J. No. 965 (F.C.A.) A-923-88
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2009-05-05