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Jurisprudence Library

 

THE INDEX OF JURISPRUDENCE
A SUPPLEMENT TO THE DIGEST OF BENEFIT ENTITLEMENT PRINCIPLES


Case Number: Claimant: Judge: Language: Decision date:
Decision 17572 Gambin Patricia  Cullen  English 1/9/90 
Decision Appealed: Appellant: Corresponding Case:
Dismissed  No N/A   

Issue:Sub-Issue1Sub-Issue2Sub-Issue3
earnings awards nature of monies 

Summary:

When claimant pursued a court action and later received an out-of-court settlement, it significantly altered the nature of the monies. Had she initially received severance pay it would have been exempt at that time. When she accepted a settlement, it was no longer an exception.

Issue:Sub-Issue1Sub-Issue2Sub-Issue3
earnings awards interest 

Summary:

Settlement awards will be severed into components of lost income and other heads of damages (legal fees, interest) which are not allocatable. As such, the Board has properly severed these amounts, and properly allocated the remainder.

Issue:Sub-Issue1Sub-Issue2Sub-Issue3
earnings income not insurable 

Summary:

Claimant argues that the settlement received was not insurable earnings and the payer did not have to make UI deductions. Whether the amount is insurable or not does not change the amount's status of monies received in the context of the UI Act.

     
   
Last modified :  2005-11-24 top Important Notices