Applicant
Respondent
In the case Canada (Attorney General) v. Pettinger dated March 8, 2023, John Calvin Pettinger applied for 15 weeks of parental benefits under the Employment Insurance Act, S.C. 1996, c. 23 before his child's first birthday. The act mandates that once benefits are paid out, claimants cannot change their chosen benefit duration, but Pettinger only received two weeks of the standard parental benefits he selected. After realizing the benefits were only available for 52 weeks post-childbirth, Pettinger asked the Canada Employment Insurance Commission (Commission) to switch to extended benefits. His request was denied, leading him to appeal to the Social Security Tribunal General Division, which ruled in his favor. The Commission then took the matter to the Appeal Division of the Tribunal, which dismissed their concerns. The Attorney General of Canada sought a judicial review of the Appeal Division's decision. Mr. Pettinger did not participate in the hearing. Previous rulings, such as Hull, emphasized the irrevocable nature of benefit elections. The court found the Appeal Division's decision unreasonable, as once an election was made and benefits were disbursed, it couldn't be altered. The Court did not remit the matter back to the Tribunal due to the evident outcome and instead set aside the Tribunal’s decision from March 8, 2022, allowing the Commission's appeal without costs.
Court
Federal Court of AppealCase Number
A-74-22Practice Area
Employment lawAmount
Winner
ApplicantTrial Start Date
07 April 2022Download documents