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Zhou v. Canada (Attorney General)

- Parties: The applicant was Hong Zhou. The respondent was the Attorney General of Canada.

- Subject Matter: This matter concerned employment insurance benefits. The Social Security Tribunal of Canada’s Appeal Division dismissed an appeal of the General Division’s decision in H.Z. v. Canada Employment Insurance Commission, 2022 SST 273. The applicant sought to set aside the Appeal Division’s decision.

- Ruling: The appeal court ruled in the applicant’s favour, allowed the application, set aside the Appeal Division’s decision, and remitted the applicant’s appeal to the Appeal Division for redetermination in accordance with the appeal court’s reasons. The appeal court ruled that the Appeal Division reasonably determined that s. 55(7) of the EI Regulations applied to the applicant and that she was not entitled to a 50-week benefit period in connection with her second EI claim. However, the appeal court held that the Appeal Division unreasonably ignored s. 153.18(1) of the EI Act and unreasonably limited the applicant’s second benefit period to only 12 weeks, as opposed to 36 weeks, with respect to her second EI claim.

- Date: The hearing was set on Oct. 8, 2024. The court released its decision on Oct. 23, 2024.

- Venue: This was a federal case before the Federal Court of Appeal.

- Amount: The appeal court awarded the applicant her costs in the fixed all-inclusive lump sum amount of $1000 on the basis that she largely succeeded in her application aiming to correct the notices of overpayment that she received.

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

Andrew Kirk

Federal Court of Appeal
A-54-24
Pensions & benefits law
$ 1,000
Applicant
13 September 2024