EMPLOYMENT INSURANCE |
Goddard v. Canada
T-777-98
2001 FCT 1248, Morneau P.
13/11/01
7 pp.
Claim for amount of $4,572 based on alleged negligent misrepresentations made to plaintiff by employees of Employment Insurance Commission regarding possibility to collect maternity benefits while benefiting from severance package--Plaintiff member of Canadian Armed Forces--Pregnant with second child during first part of 1995--Asked Commission about entitlement to benefits in relationship to Forces Reduction Program (FRP) release procedures--As result of allocation of earnings to weeks commencing July 4, 1995, overpayment of benefits to plaintiff in amount of $4,572 owed by her to Commission--Plaintiff relied on case of Luo v. Canada (Attorney General) (1997), 33 O.R. (3d) 300 (Div. Ct.), in which plaintiff successful on appeal with respect to claim for damages based on negligent misrepresentations where Commission employees negligently provided plaintiff with wrong information about entitlement to benefits--Plaintiff herein provided with information not corresponding to content of Unemployment Insurance Regulations, s. 58(9)--Information provided untrue, inaccurate, misleading--Commission acted negligently in making representations to plaintiff--Plaintiff not entirely justified to rely solely on information provided to her--Admitted having done no research into whether Unemployment Insurance Regulations touched upon release situation--Contributory negligence available as partial defence to liability in cases like present--Due to lack of performing on own research as to state of law, plaintiff contributorily negligent--Should bear half of damages claimed--Action granted for amount of $2,286--Unemployment Insurance Regulations, C.R.C., c. 1576, s. 58(9) (as am. by SOR/89-550, s. 1).