Decision 26046
Full Text of Decision 26046
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| board of referees |
rules of construction |
effective date of proviso |
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Summary:
Refer to: A-0691.94
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
leave or holidays |
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| voluntarily leaving employment |
just cause |
reasonable circumstance as prescribed |
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Decision A-0691.94
Full Text of Decision A-0691.94
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| board of referees |
rules of construction |
effective date of proviso |
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Summary:
The event that led to the disqualification occurred on 14-8-92 when she left her employment. Yet, para. 28(4)(n) of the Act only came into effect on 3-4-93 and could not apply to disqualified persons because of an event occurring before this paragraph came into effect.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
leave or holidays |
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| voluntarily leaving employment |
just cause |
reasonable circumstance as prescribed |
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Decision 21248
Full Text of Decision 21248
summary
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| board of referees |
rules of construction |
effective date of proviso |
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Summary:
Refer to: A-1102.92
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| basic concepts |
benefit periods |
commencement date |
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Decision A-1102.92
Full Text of Decision A-1102.92
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| board of referees |
rules of construction |
effective date of proviso |
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Summary:
Last day worked 15-11-90 (Thursday). New legislation in effect 18-11. Claim filed 20-11. Number of insured weeks: 20 including last week worked. Cannot benefit of former legislation as he would not qualify with 19 weeks. Can only qualify from 18-11 and new legislation applies. No change by FC.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| basic concepts |
benefit periods |
commencement date |
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Decision 22259
Full Text of Decision 22259
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| board of referees |
rules of construction |
effective date of proviso |
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Summary:
Despite the fact that the Act to amend the UI Act may have come into effect on 18-11-90, s.19 was repealed and deemed specifically to have come into effect on 23-9-88. As such, the only persons not affected by the change of legislation would be those who turned 65 prior to 23-9-88.
Decision 19613
Full Text of Decision 19613
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| board of referees |
rules of construction |
effective date of proviso |
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Summary:
Refer to: A-0496.91
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| basic concepts |
qualifying period |
extension |
applicability |
Decision A-0496.91
Full Text of Decision A-0496.91
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| board of referees |
rules of construction |
effective date of proviso |
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Summary:
Ceased work 6-85. Interruption of earnings in 10-86. Claim filed in 5-87. Umpire's decision quashed: the qualifying period was the 52 weeks preceding 17-5-87 rather than 26-10-86. The new ground for extension added on 5-4-87 is applicable to the qualifying period.
Assuming that the qualifying period ended in 10-86, as the Umpire wrongly assumed, that period could not have been extended under new ss. 7(3) effective 5-4-87, as it could not affect the length of a qualifying period already expired.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| basic concepts |
qualifying period |
extension |
applicability |
Decision 20275
Full Text of Decision 20275
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| board of referees |
rules of construction |
effective date of proviso |
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Summary:
As pointed out by the Commission's representative, Parliament did not choose to give s.31(1.2) retroactive application and the conclusion must be that s.31(1.2) specifically changes the law as reflected in the jurisprudence from the effective date of the new provision only.
Decision A-0813.90
Full Text of Decision A-0813.90
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| board of referees |
rules of construction |
effective date of proviso |
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Summary:
Transitional clause exempting severance pay from earnings. Monies paid after expiration of the clause, although payable prior, partly allocated after expired clause. The Umpire held the whole amount exempted. Academic point not solved by the FC.
Decision 18587
Full Text of Decision 18587
summary
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| board of referees |
rules of construction |
effective date of proviso |
|
Summary:
Refer to: A-0813.90
Decision 16978
Full Text of Decision 16978
summary
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| board of referees |
rules of construction |
effective date of proviso |
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Summary:
Refer to: A-0430.89
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
errors in law |
misinterpretation of provision |
|
Decision A-0430.89
Full Text of Decision A-0430.89
summary
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| board of referees |
rules of construction |
effective date of proviso |
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Summary:
Benefit period established in 2-86 and terminated 9-86. The Umpire used ss. 7(2) enacted 4-87 to allow an extension of the qualifying period prior to 2-86. The Umpire erred in law in finding that 7(2) had retrospective effect.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
errors in law |
misinterpretation of provision |
|
Decision A-1191.88
Full Text of Decision A-1191.88
summary
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| board of referees |
rules of construction |
effective date of proviso |
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Summary:
Even if the pension had been effective in 12-85 and a claim filed immediately, that would not have prevented the new regulation from being applicable from the moment it came into force and the pension monies received from then on deductible from the benefits otherwise payable.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| antedate |
applicability |
implicit request |
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| claim procedure |
applicability |
general |
|
| board of referees |
legislative authority |
acquired rights |
|
| earnings |
pension |
as income |
|
| board of referees |
rules of construction |
intent and object |
|
Decision 16181
Full Text of Decision 16181
summary
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| board of referees |
rules of construction |
effective date of proviso |
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Summary:
Fired on 7-3-85 and paid damages much later; the amounts are spread starting 31-3-85, at which time Regulation 58(5) applied. Even if the termination of employment took place before the amendment, the amounts were settled afterwards.
Decision A-0770.87
Full Text of Decision A-0770.87
summary
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| board of referees |
rules of construction |
effective date of proviso |
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Summary:
Dismissed 10-84; Regulations amended 3-85; award granted 9-85. Regulations prior to 31-3-85 exempted that amount but he only received it in 12-85. It clearly was earnings. At the time it was paid, new Regulations in effect. Upheld by FC.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
awards |
as income |
|
| umpires |
grounds of appeal |
capricious finding |
meaning |
Decision 14045
Full Text of Decision 14045
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
effective date of proviso |
|
Summary:
Refer to: A-0770.87
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
awards |
as income |
|
| umpires |
grounds of appeal |
capricious finding |
meaning |
Decision 14446
Full Text of Decision 14446
summary
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| board of referees |
rules of construction |
effective date of proviso |
|
Summary:
According to CÔTÉ, the right to benefits is established by weekly reports; if the report is amended, this must be taken into account [in the next report]. The date of payment of the amount determines the applicable legislation.
Decision 14231
Full Text of Decision 14231
summary
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| board of referees |
rules of construction |
effective date of proviso |
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Summary:
Pursuant to collective agreement, 5 days' vacation pay to be paid at end of school year in June. The practice established by School had been to pay vacation pay due in June on 15-3. The regulations as amended 31-3-85 are to be applied.
Decision 12399
Full Text of Decision 12399
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
effective date of proviso |
|
Summary:
Refer to: A-0508.86
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
vacation pay |
as income |
|
Decision A-0508.86
Full Text of Decision A-0508.86
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
effective date of proviso |
|
Summary:
A vacation pay paid after the effective date of amended Regulations is subject to the amended Regulations even though earned prior to this. This is not giving the amendment a retroactive effect.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
vacation pay |
as income |
|
Decision 12394
Full Text of Decision 12394
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
effective date of proviso |
|
Summary:
Refer to: A-0513.86
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| federal court |
renunciation of recourse |
|
|
Decision 12263
Full Text of Decision 12263
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
effective date of proviso |
|
Summary:
Refer to: A-0448.86
Decision A-0513.86
Full Text of Decision A-0513.86
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
effective date of proviso |
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Summary:
Dismissed prior to the amendment of the Regulations but monies for wrongful dismissal awarded after the amendement. Support found in COTE and BOURDEAU: monies are to be allocated from the effective date of the amended Regulations.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| federal court |
renunciation of recourse |
|
|
Decision A-0448.86
Full Text of Decision A-0448.86
summary
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Sub-Issue 3: |
| board of referees |
rules of construction |
effective date of proviso |
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Summary:
Change of Regulations 31-3-85. Claimant had been dismissed prior to that date. Damages awarded to him after 31-3-95. COTE and BOURDEAU referred to. Monies to be allocated from the date the new Regulations came into effect.
Decision 11738
Full Text of Decision 11738
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
effective date of proviso |
|
Summary:
Refer to: A-0099.86
Decision A-0099.86
Full Text of Decision A-0099.86
summary
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| board of referees |
rules of construction |
effective date of proviso |
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Summary:
Employment terminated 21-12-84. Damages for dismissal awarded 14-5-85. Change of Regulations 31-3-85. COTE applies. After the amendment, claimant no longer met the conditions for obtaining benefits. Leave to appeal to SC dismissed.
Decision A-0178.86
Full Text of Decision A-0178.86
summary
| Issue: |
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Sub-Issue 3: |
| board of referees |
rules of construction |
effective date of proviso |
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Summary:
The establishement of a benefit period does not create a right to receive benefits. Other conditions must be met. The legislative amendments that occur during the benefit period must be taken into account. Leave to appeal denied by SC.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
charter |
|
|
| basic concepts |
eligibility to benefits |
|
|
| board of referees |
legislative authority |
acquired rights |
|
| earnings |
pension |
charter |
|
Decision 11001
Full Text of Decision 11001
summary
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Sub-Issue 3: |
| board of referees |
rules of construction |
effective date of proviso |
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Summary:
Amendments to reg. 57 and 58 that may have supported the claimant's position did not come into effect until 5-9-82. The operative law is that which is in existence at the time of filing of a claim, here 12-3-82.
Decision 10600
Full Text of Decision 10600
summary
| Issue: |
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| board of referees |
rules of construction |
effective date of proviso |
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Summary:
It is a general principle of law that statutes do not apply retroactively unless they are expressly declared by the legislature to have this effect. There is no such express declaration in the Charter.
Decision A-0823.82
Full Text of Decision A-0823.82
summary
| Issue: |
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Sub-Issue 3: |
| board of referees |
rules of construction |
effective date of proviso |
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Summary:
Minimum insurable hours of work in a week changed from 20 to 15 in 1-81. Claim filed in 4-81 with qualifying period in 1980. Entitlement governed by legislation as it stood in 4-81. This means weeks of 15 hours' work or more are insurable even if in 1980.
Decision A-0458.81
Full Text of Decision A-0458.81
summary
| Issue: |
Sub-Issue 1: |
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Sub-Issue 3: |
| board of referees |
rules of construction |
effective date of proviso |
|
Summary:
Claimant engaged in uninsurable employment at time when there was provision treating it as insurable employment for the purposes of eligibilty for maternity benefits. Claim made after provision repealed.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| basic concepts |
insurability |
applicability |
|
Decision A-0235.81
Full Text of Decision A-0235.81
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
effective date of proviso |
|
Summary:
Claimant engaged in uninsurable employment at time when there was provision treating it as insurable employment for the purposes of eligibility for maternity benefits. Claim made after provision repealed. No vested right.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
legislative authority |
acquired rights |
|
Decision A-0129.81
Full Text of Decision A-0129.81
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
effective date of proviso |
|
Summary:
As the appeal to Umpire was commenced 5-2-80, i.e. before s.80 coming into force 1-5-80, the appeal was not restricted to the grounds set out in the new s.80 but was a plenary appeal as provided in earlier s.80.
Decision S-0392.78
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
effective date of proviso |
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Summary:
Earlier termination of the benefit period under the amended clause does not apply to claimant and termination under the former clause has been revoked. Under the Interpretation Act, the privilege he was enjoying continues but not any longer than as it existed before. [p.9-11]
The new provisions provide for termination of the benefit period when claimant attains 65 and the statute clearly assumes this event will be in the future. This did not apply to claimant having attained 65 prior to the amendment date. [p._8]
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| reconsideration of claim |
errors by Commission |
not a ground of entitlement |
|
| reconsideration of claim |
authority to review |
new facts vs reconsideration |
|
| board of referees |
jurisdiction |
priority of law |
|
| reconsideration of claim |
errors by Commission |
legal remedy |
|
| board of referees |
rules of construction |
intent and object |
|
Decision A-0392.78
Full Text of Decision A-0392.78
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
effective date of proviso |
|
Summary:
Earlier termination of the benefit period under the amended clause does not apply to claimant and termination under the former clause has been revoked. Under the Interpretation Act, the privilege he was enjoying continues but not any longer than as it existed before. [p.9-11]
The new provisions provide for termination of the benefit period when claimant attains 65 and the statute clearly assumes this event will be in the future. This did not apply to claimant having attained 65 prior to the amendment date. [p._8]
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
jurisdiction |
priority of law |
|
| reconsideration of claim |
errors by Commission |
legal remedy |
|
| board of referees |
rules of construction |
intent and object |
|
| reconsideration of claim |
errors by Commission |
not a ground of entitlement |
|
| reconsideration of claim |
authority to review |
new facts vs reconsideration |
|
