Attorney General of Canada v. Domenic Bacile
ATTORNEY GENERAL OF CANADA
Law Firm / Organization
Department of Justice Canada
Lawyer(s)

Andrew Kirk

DOMENIC BACILE
Law Firm / Organization
Self Represented

On July 15, 2021, Mr. Bacile, a former truck driver, lost his job. He signed a termination letter on July 29, 2021, detailing his severance package which included continued salary and health insurance until October 7, 2021. Mr. Bacile filed a claim for employment insurance (EI) on August 24, 2021. The Canada Employment Insurance Commission decided he was only eligible for 20 weeks of EI due to his continued salary, starting October 10, 2021. However, the Social Security Tribunal of Canada’s General Division ruled on April 6, 2022 (DB v. Canada Employment Insurance Commission, 2022 SST 1451) that his earnings interruption occurred on his job termination date, making him eligible for 50 weeks of EI. This decision was upheld by the Appeal Division on December 12, 2022 (Canada Employment Insurance Commission v. DB, 2022 SST 1450). The Attorney General of Canada challenged the Appeal Division's decision, arguing the health coverage aspect of the severance should alter the earnings interruption date. This would reduce EI eligibility to 20 weeks. The Court disagreed, stating both the health coverage and continued salary are treated the same under the regulations. Consequently, the Court deemed the Appeal Division's decision reasonable and rejected further review, affirming Mr. Bacile's entitlement to 50 weeks of EI.

Federal Court of Appeal
A-3-23
Employment law
Respondent
11 January 2023