Attorney General of Canada v. Janine Jeffers | Canadian Lawyer

8 Mar 2023

Attorney General of Canada v. Janine Jeffers

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.

Download documents

Canada (Attorney General) v. Jeffers.pdf

Applicant

Attorney General of Canada

Law Firm / Organization

Department of Justice Canada

Lawyer(s)

Marcus Dirnberger

Respondent

Janine Jeffers

Law Firm / Organization

Not specified

Court

Federal Court of Appeal

Case Number

A-85-22

Practice Area

Labour & Employment Law

Amount

Not specified/Unspecified

Winner

Applicant

Trial Start Date

21 April 2022