Rate of Weekly Benefit

Questions to Answer
Has the rate of weekly benefit been calculated in accordance with the legislation?
References
Act: sections 14 (rate of weekly benefits), 16 (family supplement rate increase) and 17 (maximum weekly rate=$423) Regulations: 23, 24, 24.1, 24.2 and 34 Regulation 77.3, in force from October 30, 2005 to October 25, 2008, provides authority for Pilot Project no. 7, Highest 14 Weeks Benefit Rate Calculation, applies only to new claims established by claimants who are ordinarily resident in the designated regions of high unemployment. This Regulation does not apply to fishing claims.
Legal test
Basic rate is 55% of total weekly insurable earnings (subsection 14(2)) in the rate calculation period: subsections 14(4), 14(4.1) of the Act, section 23 of the Regulations. Claims to which Regulation 77.3 applies will have a basic rate of 55% calculated on the best 14 weeks of insurable earnings in the qualifying period in accordance with subsection 77.3(3). Increased rate up to 25% (family supplement): section 16 of the Act, section 34 of the Regulations
Onus of proof
*Claimant* must supply proof of weekly insurable earnings subsection 49(1).
Key Case Law
CYMERMAN A-415-95: Had insurable employment but no insurable earnings (previous legislation) SVEINSON A-457-02: Allocation of lump sum pay equity monies for insurable earnings purposes. SVEINSON A-551-00: Allocation of retroactive pay increase for insurable earnings purposes.