Earnings
II. Principles of Law
(i) Sickness or Disability Wage-Loss Indemnity Plan
The legislation sets up a scheme of insurance against the loss of earnings arising from unemployment. In determining the entitlement to benefit, therefore, it does not take into consideration income received by a claimant from sources other than employment. Insofar as group insurance plans are normally linked with employment it is normal to consider that payments received under those plans arise, albeit indirectly, from the claimant's employment. The same thing cannot be said of the payments received under private insurance plans. Accordingly, the provisions of the legislation which treat claimants who received payment under a wage-loss group insurance plan differently from those who receive identical payment under a private insurance plan do not contravene section 15 of the Canadian Charter of Rights and Freedoms Canadian Charter of Rights and Freedoms.
In accordance with the legislation payments under a sickness or disability wage-loss indemnity plan that is not a group plan do not constitute earnings for benefit purposes. The circumstances under which a sickness or disability wage-loss indemnity plan is not to be considered a group plan are set out in the Regulations. All of the conditions set out in the Regulations must be satisfied, including that the plan "is completely portable". An indemnity plan is portable only when the rights and obligations of the employee under the plan remain the same if the employee moves to the service of any other employer.
Subsections 35(8) and (9) Employment Insurance Regulations Employment Insurance Regulations
Canada (A.G.) v. Blanchet, [1977] 2 F.C. 590 (F.C.A.) A-483-76 Judgment Of The Federal Court Of Appeal
Canada (A.G.) v. Brunet, December 12, 1989, F.C.J. No. 1123 (F.C.A) A-892-88 Judgment Of The Federal Court Of Appeal
Canada (A.G.) v. Charbonneau, December 12, 1989, F.C.J. No. 1119 (F.C.A.) A-894-88 Judgment Of The Federal Court Of Appeal
Canada (A.G.) v. Fowler, July 4, 1996, F.C.J. No. 974 (F.C.A.) A-302-95 Judgment Of The Federal Court Of Appeal
Tramer v. Canada (Human Resources Development), 2003 FCA 449 A-566-02 Judgment Of The Federal Court Of Appeal
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