Summary of Issue: Each Word Counts


Decision 23306 Full Text of Decision 23306

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Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees rules of construction each word counts
Summary:

It seems clear that casual teaching is not equivalent to substitute teaching. The Commission argues that casual and substitute are synonymous concepts. I do not think two different words would have been used if only one category was intended.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
teaching contract terminating with end of school year
teaching casual definition
teaching casual or substitute applicability

Decision 19620 Full Text of Decision 19620

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board of referees rules of construction each word counts
Summary:

If s.29 overrides s.31, then s.31 becomes almost meaningless. There is a general principle of statutory interpretation which requires that when an ambiguity arises, statutes should be interpreted to avoid the conclusion that a provision or provisions are meaningless.

other summary
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labour dispute loss of employment definition
voluntarily leaving employment legislation charter

Decision A-1118.88 Full Text of Decision A-1118.88

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board of referees rules of construction each word counts
Summary:

Two possibilities: (i) and (ii). The legislature cannot be assumed to have spoken in vain when it enacted (i). If payments contemplated in (i) were also covered by (ii), subpara. (i) would be deprived of meaning. Application of (ii) excluded if the case is covered by (i).

other summary
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earnings accumulated sick leave credits
earnings vacation pay as income

Decision 15838 Full Text of Decision 15838

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board of referees rules of construction each word counts
Summary:

Refer to: A-1118.88

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earnings accumulated sick leave credits
earnings vacation pay as income

Decision 1909488 Full Text of Decision 1909488

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Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees rules of construction each word counts
Summary:

In reading a statute it must be assumed that each term, each sentence and each paragraph has been deliberately drafted with a specific result in mind. Parliament chooses its words carefully: it does not speak "gratuitously". This is not to say that the provision has lost all meaning. Even if the word "financing" were to be excised, the provisions would still retain its usefulness as regards other disentitlement provisions therein contained. [p. 58]

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute financing
board of referees legislative authority purpose of ui system
board of referees rules of construction intent and object
board of referees legislative authority provincial and other laws
labour dispute rationale

Decision 13194 Full Text of Decision 13194

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Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees rules of construction each word counts
Summary:

Parliament presumed not to speak and say nothing, and so I deduce that use of 2 different expressions [contract and custom in Reg. 57(3)(h)] implies desire to create 2 separate concepts.


Decision A-0175.84 Full Text of Decision A-0175.84

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Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees rules of construction each word counts
Summary:

See summary indexed under S-0175.84

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute financing
board of referees legislative authority purpose of ui system
board of referees rules of construction intent and object
board of referees legislative authority provincial and other laws
labour dispute rationale

Decision A0834.82 Full Text of Decision A0834.82

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Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees rules of construction each word counts
Summary:

For claimant's submission to prevail, the word "only" or a similar word would have to be read into ss.41(1). It is a well accepted principle of statutory interpretation that such an expedient is to be avoided, if at all possible.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
misconduct merit of dismissal
misconduct real reason for dismissal
misconduct labour dispute illegal walkout

Decision A-0436.80 Full Text of Decision A-0436.80

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees rules of construction each word counts
Summary:

As per a reliable source of authority, it is a serious error to read into an Act of Parliament words which are not there and it is something to avoid. Respondent asks the Court to distinguish where the legislator did not and this is an error of interpretation.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
reconsideration of claim overpayment deduction from benefits
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