Simon's Megalomaniacal Legal Resources

EI - Digest of Benefit Entitlement Principles (DBEP)

. T-Giorgis v. Canada (Attorney General)

In T-Giorgis v. Canada (Attorney General) (Fed CA, 2024) the Federal Court of Appeal dismisses a judicial review of "a decision of the Appeal Division of the Social Security Tribunal" regarding EI.

Here the court holds that the EI DBEP (Digest of Benefit Entitlement Principles) is not binding law:

[59] Moreover, the Digest is an administrative document that outlines different scenarios in which the Commission should reconsider a claim and is meant to ensure consistency in decisions and to avoid arbitrary decisions. While the Digest is an important tool to the Commission, it is not binding. Given the unique context in which section 153.161 was adopted, its purpose and the period during which it was in effect, the Appeal Division could reasonably find that the reconsideration policy does not apply.