The Claimant sought review of a determination by the Administrator of the EI Sickness Benefits Class Action denying her claim for sickness benefits under the Settlement Agreement.
The Claimant argued she was wrongly advised by Service Canada in 2003 that she did not qualify for sickness benefits because she became ill at the beginning of her parental leave.
The Prothonotary upheld the Administrator's determination, finding no evidence that the Claimant had made a formal application for sickness benefits while in receipt of parental benefits, as required by the class definition.
The Prothonotary noted that the certified class explicitly excluded individuals who merely relied on oral or written advice not to apply.
