Decision A-0094.94
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The heading preceding ss. 12(1) is "Income Benefit" while the heading preceding ss. 13(1) is "Benefit If No Income". It is now well settled that, unlike marginal notes, headings may be used as aids to the construction of the language of an enactment.
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earnings |
car insurance |
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Decision 23985
Full Text of Decision 23985
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Refer to: A-0094.94
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earnings |
car insurance |
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Decision 21630
Full Text of Decision 21630
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Refer to: A-1393.92
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basic concepts |
qualifying period |
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Decision A-1393.92
Full Text of Decision A-1393.92
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We agree that legal interpretation entails consideration of numerous factors, and it may be necessary to ignore the restrictive view suggested by the immediate context if a more liberal approach is dictated by Parliament's overall intent.
Today there is only one principle or approach, namely, the words of an Act are to be read in their entire context and in their grammatical and ordinary sense harmoniously with the scheme of the Act, the object of the Act, and the intention of Parliament.
As stated in GARLAND, it is necessary to read the statute containing the words in issue in its entirety as an initial step. Only after that has been done can it be determined with any precision whether or not the words being interpreted are clear and unambiguous. We accept this approach.
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board of referees |
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basic concepts |
qualifying period |
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Decision 20498
Full Text of Decision 20498
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It is clear from the context that ss. 43(3) has to do with self-employed farmers: the section appears under the heading "Self-Employed Person". Also, ss. 43(1) expressly deals with self-employed persons and ss. 43(2) and (3) deal with specific categories of self-employed.
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week of unemployment |
corporate veil |
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week of unemployment |
farming |
self-employed |
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board of referees |
errors in law |
misinterpretation of provision |
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Decision A-0637.86
Full Text of Decision A-0637.86
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It seems appropriate to me that the provisions concerning entitlement be interpreted liberally following ABRAHAMS. Nevertheless, Part V of the Act [s. 120] does not deal with entitlement but with the administrative mechanism. No need for liberal interpretation. [Dejardins, J.]
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reconsideration of claim |
authority to review |
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reconsideration of claim |
overpayment |
date of liability |
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claim procedure |
documents sent by mail |
presumption |
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reconsideration of claim |
overpayment |
time limitation for recovery |
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reconsideration of claim |
authority to review |
time limitation |
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Decision A-0451.85
Full Text of Decision A-0451.85
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A word in a statute is a cell within an organism, an incomplete structure within a more complete one, and can be fully understood only in relation to the whole of which it is a constituent part. [Justice MacGuigan]
The words must be read in their entire context [s. 32] and in their grammatical and ordinary sense harmoniously with the scheme, the object and the intention of the Act. Part I is entitled UI Benefits and encompasses s. 5 to 44.
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sickness benefits |
otherwise available |
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sickness benefits |
imprisonment |
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board of referees |
rules of construction |
change of wording |
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board of referees |
rules of construction |
intent and object |
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board of referees |
legislative authority |
provincial and other laws |
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basic concepts |
qualifying period |
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rationale |
Decision A-1132.84
Full Text of Decision A-1132.84
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The words of an Act are to be read in their entire context and in their grammatical and ordinary sense harmoniously with the object of the Act. If the words are clear and unambiguous they must be followed. [p. 7-8]
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board of referees |
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availability for work |
incompatible situations |
imprisonment |
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basic concepts |
qualifying period |
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incarcerated |
basic concepts |
qualifying period |
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