8 Mar 2023

Attorney General of Canada v. Janine Jeffers

Firms involved

Department of Justice Canada, Not specified

Applicant

Attorney General of Canada
Law Firm
Department of Justice Canada
Lawyer(s)

Marcus Dirnberger

Respondent

Janine Jeffers
Law Firm
Not specified
  • 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.

Court

Federal Court of Appeal

Case Number

A-85-22

Practice Area

Labour & Employment Law

Amount

Winner

Applicant

Trial Start Date

21 April 2022

Download documents

Latest News

Which province is seeing the sharpest decline in youth employment?

Ontario's strong-mayor powers used predominantly for hiring and firing: report

‘They think they have the right to dictate things’

Employers of Choice 2026: submissions close soon!