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Employment Insurance, Moms on Maternity Class Action

The Firm has launched a class action on behalf of all women who, since March 2, 2002, were approved for employment insurance (EI) parental leave benefits, and who were ill or injured during that leave, and applied for or EI sickness leave benefits. The class action alleges that the government and its EI Commission refused to recognize those sickness leave claims and negligently advised claimants that they could not make those claims. The Statement of Claim is here.

On May 7, 2015, the Federal Court certified this class action.  A copy of the reasons for certification can be found here.

Following certification, the formal order of the court was amended by the court.  The Plaintiff challenged an important amendment the court made by appealing that amendment to the Federal Court of Appeal.  The Federal Court of Appeal has now agreed that the order ought not to have been amended.   The Court of Appeal's decision, dated November 16, 2016, is here.

For more details, please visit our website at

This class action is being managed by Stephen Moreau and Amanda Darrach of this firm.

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