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8 Mar 2023
Attorney General of Canada v. Janine Jeffers

Firms / Organizations involved

Department of Justice Canada; Not Specified

Applicant

Attorney General of Canada
Law Firm / Organization
Department of Justice Canada
Lawyer(s)

Marcus Dirnberger

Respondent

Janine Jeffers
Law Firm / Organization
Not Specified
  • Janine Jeffers applied for parental benefits under the Employment Insurance Act after her child's birth on March 31, 2021.
  • Chose standard 35-week benefits and started receiving them on July 25, 2021.
  • In October 2021, attempted to switch to the extended 61-week option.
  • Canada Employment Insurance Commission denied the switch due to the Act's irrevocability rule.
  • Jeffers successfully appealed to the Social Security Tribunal General Division, citing her initial choice as a "placeholder."
  • Commission contested this at the Appeal Division.
  • On March 25, 2022 (AD-21-437), Appeal Division sided with Jeffers but cited misleading information from the Commission in April 2021.
  • The Attorney General of Canada initiated a judicial review.
  • The Court referred to Hull, 2022 FCA 82, highlighting that choices can't change after payments start.
  • Jeffers' win was considered unreasonable based on this precedent.
  • The Attorney General's stance was upheld, and the Appeal Division's decision was overruled.

Court

Federal Court of Appeal

Case Number

A-85-22

Practice Area

Employment law

Amount

Winner

Applicant

Trial Start Date

21 April 2022

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