Decision 16041

Case Number Claimant Judge Language Decision date
Decision 16041   Walsh  English 1989-01-10
Decision Appealed Appellant Corresponding Case
Dismissed  No N/A  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
sickness benefits  sickness defined 

Summary:

Illness in 14(b) does not include illness of a child which prevents a parent from working. BOWNESS applies. No discrimination based on sex whether or not it is normally the female who has to look after a sick relative. Charter not offended.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  rules of construction  intent and object 

Summary:

Before seeking the intention of words in a statute or regulation, there must first be uncertainty in the meaning of the words used.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  jurisdiction  priority of law 

Summary:

If sections of a statute do not cover all situations, it is for Parliament to remedy it if it deems this necessary, and not for judges to undertake by interpretation to fill any perceived gaps.


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