Earnings

II. Principles of Law

(d) Earnings Must be Allocated

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 Judgment Of The Federal Court Of Appeal
Canada (A.G.) v. Bourdeau, October 30, 1986, F.C.J. No. 694 (F.C.A.) A-99-86 Judgment Of The Federal Court Of Appeal

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 Judgment Of The Federal Court Of Appeal
Fahey v. Canada (A.G.), October 15, 1985, F.C.J. No. 922 (F.C.A.) A-167-85 Judgment Of The Federal Court Of Appeal

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 Judgment of the Supreme Court Of Canada; affirming [1986] 3 F.C. 70 (F.C.A.) A-684-85 Judgment Of The Federal Court Of Appeal

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