Decision A-0244.94
Full Text of Decision A-0244.94
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
intent and object |
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Summary:
I take it to be accepted law that the interpretation which most accords with the purpose of the legislation must be deemed the proper one. Thus, the question that must be addressed is whether the applicant's interpretation promotes the purposes underlying the imposition of a disqualification period.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| basic concepts |
types of claims |
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| basic concepts |
disqualification |
applicability |
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| basic concepts |
disqualification |
rationale |
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| voluntarily leaving employment |
applicability |
employment |
last |
Decision A-0061.94
Full Text of Decision A-0061.94
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
intent and object |
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Summary:
We are dealing with a legal issue within a factual context not contemplated by Parliament. Had it been demonstrated that this interpretation created a window of opportunity for those intending to pursue dubious claims, then it would be incumbent on this Court to reflect on such exigences.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| basic concepts |
rate of benefit |
computation |
|
| board of referees |
legislative authority |
purpose of ui system |
|
Decision 23887
Full Text of Decision 23887
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
intent and object |
|
Summary:
Refer to: A-0061.94
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| basic concepts |
rate of benefit |
computation |
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| board of referees |
legislative authority |
purpose of ui system |
|
Decision 24276
Full Text of Decision 24276
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
intent and object |
|
Summary:
Refer to: A-0244.94
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| basic concepts |
types of claims |
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| misconduct |
loss of employment |
definition |
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| basic concepts |
disqualification |
applicability |
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| basic concepts |
disqualification |
rationale |
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| voluntarily leaving employment |
applicability |
employment |
last |
Decision 21318
Full Text of Decision 21318
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
intent and object |
|
Summary:
Refer to: A-1124.92
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| basic concepts |
rate of benefit |
disqualification |
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Decision A-1124.92
Full Text of Decision A-1124.92
summary
| Issue: |
Sub-Issue 1: |
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Sub-Issue 3: |
| board of referees |
rules of construction |
intent and object |
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Summary:
It is possible that the Parliament worded the new penalty loosely and that it should say exactly what EIC suggested it ought to say. Even if that were so, I have no choice, pursuant to ABRAHAMS to opt as between two imperfect interpretations for the one which favours the claimant.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| basic concepts |
rate of benefit |
disqualification |
|
Decision 23424
Full Text of Decision 23424
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
intent and object |
|
Summary:
I agree that neither the Board nor the Umpire is entitled to read into the statute an intention of Parliament that is not warranted by the clear language used.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
absences from home |
out of canada |
|
Decision A-0596.91
Full Text of Decision A-0596.91
summary
| Issue: |
Sub-Issue 1: |
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Sub-Issue 3: |
| board of referees |
rules of construction |
intent and object |
|
Summary:
This is particularly so in light of GAGNON where the Supreme Court said that where two interpretations of provisions of the UI Act are possible, the worker must be given the benefit of the doubt, taking into account the purpose of the Act is to compensate workers who are involuntarily unemployed.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| claim procedure |
interruption of benefit payments |
|
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| board of referees |
legislative authority |
purpose of ui system |
|
Decision 19788
Full Text of Decision 19788
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
intent and object |
|
Summary:
Refer to: A-0596.91
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| claim procedure |
interruption of benefit payments |
|
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| board of referees |
legislative authority |
purpose of ui system |
|
Decision 19326
Full Text of Decision 19326
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
intent and object |
|
Summary:
It is not open to an Umpire to ignore the clear wording of a statute. If the provision is unclear then it will be interpreted in accordance with the principles and objectives but, where there is no ambiguity in the wording, these cannot be used to rewrite the clear wording.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
rationale |
|
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| board of referees |
legislative authority |
purpose of ui system |
|
Decision A-1191.88
Full Text of Decision A-1191.88
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
intent and object |
|
Summary:
In no circumstances can the mere intention to do something be equated to the doing of the thing. If the law clearly requires the doing of an act, the mere intention to do the act will not suffice.
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 |
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| board of referees |
legislative authority |
acquired rights |
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| earnings |
pension |
as income |
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| board of referees |
rules of construction |
effective date of proviso |
|
Decision A-1002.88
Full Text of Decision A-1002.88
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
intent and object |
|
Summary:
A Court is entitled to look at Parliamentary Debates as aids to interpretation of the purpose or policy of Parliament. If this is permissible, similarly the Court is entitled to give some weight to comments made by the Minister to a Committee of Parliament.
Decision A-0978.88
Full Text of Decision A-0978.88
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
intent and object |
|
Summary:
I find myself in agreement with the view that "where there is no ambiguity in the statutory language and the legislative meaning is not obscure, the Courts must yield to the sovereignty of the legislature".
Judges may adopt a purposive interpretation if they can find in material permitted by law to refer as aids an expression of Parliament's purpose. Courts may look to Debates of the House of Commons to ascertain the "mischief or evil" that an enactment was designed to correct.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| antedate |
charter |
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| antedate |
qualifying conditions |
interruption of earnings |
|
| board of referees |
jurisdiction |
priority of law |
|
| antedate |
qualifying conditions |
a requirement |
|
Decision 16483
Full Text of Decision 16483
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
intent and object |
|
Summary:
As to Parliament's intention, one must always respect the rule which says that Parliament's intention is but determined by what it did say than by what it intended to say.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| basic concepts |
rate of benefit |
computation |
|
Decision 16041
Full Text of Decision 16041
summary
| 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.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| sickness benefits |
sickness defined |
|
|
| board of referees |
jurisdiction |
priority of law |
|
Decision S-1059.84
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
intent and object |
|
Summary:
When ambiguity arises from the fact that 2 interpretations are possible, having regard to the object of the Act, which is to compensate workers who are involuntarily unemployed, the worker must receive the benefit of the doubt.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
|
|
| board of referees |
legislative authority |
purpose of ui system |
|
| availability for work |
applicability |
necessary conditions |
|
| basic concepts |
benefit periods |
extension |
applicability |
| basic concepts |
benefit periods |
extension |
workers' compensation |
Decision 15180
Full Text of Decision 15180
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
intent and object |
|
Summary:
As pointed out in a recent case, even the Supreme Court of Canada may not question the wisdom of enactments nor adjudicate upon the merits of basic policies.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| umpires |
jurisdiction |
charter |
|
| earnings |
pension |
charter |
|
| earnings |
pension |
military forces |
|
Decision 1909488
Full Text of Decision 1909488
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
intent and object |
|
Summary:
While legislative history may be useful in providing the background and assisting in determining the purpose of legislation, the interpretation of the statute must be ascertained from the words used by the Legislature to convey its intent. [p. 51]
What the Legislature intended to be done or not to be done can only be legitimately ascertained from that which it has chosen to enact, either in express words or by reasonable and necessary implication. [quoted from a judgment at p. 41]
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 |
legislative authority |
provincial and other laws |
|
| board of referees |
rules of construction |
each word counts |
|
| labour dispute |
rationale |
|
|
Decision 14805
Full Text of Decision 14805
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
intent and object |
|
Summary:
While the policy of the Act is to support those who are searching for work, that policy is implemented only in accordance with the legislative text of the Act. It is not enough to fit within the policy; a claimant must also fit within its legislative terms. [p. 10]
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
observations from the Commission |
|
|
| voluntarily leaving employment |
health reasons |
|
|
| board of referees |
legislative authority |
purpose of ui system |
|
| earnings |
income |
not insurable |
|
| board of referees |
natural justice |
notice of hearing |
|
Decision 14512
Full Text of Decision 14512
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
intent and object |
|
Summary:
ABRAHAMS [doubt to be resolved in claimant's favour] should only apply where there is some ambiguity or difficulty with the language of the legislation. The words here clearly indicate the condition precedent to an exemption and I find no ambiguity withthe language. [p. 11]
Decision 14430
Full Text of Decision 14430
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
intent and object |
|
Summary:
Rule of interpretation is clear: intention of Parliament must be determined based not on what it intended to say in legislation but on what it actually says therein.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| labour dispute |
loss of employment |
terminates during strike |
|
Decision A-0451.85
Full Text of Decision A-0451.85
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
intent and object |
|
Summary:
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.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| sickness benefits |
otherwise available |
|
|
| sickness benefits |
imprisonment |
|
|
| board of referees |
rules of construction |
change of wording |
|
| board of referees |
rules of construction |
context and titles |
|
| board of referees |
legislative authority |
provincial and other laws |
|
| basic concepts |
qualifying period |
extension |
rationale |
Decision A-1132.84
Full Text of Decision A-1132.84
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
intent and object |
|
Summary:
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]
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
imprisonment |
|
| board of referees |
rules of construction |
context and titles |
|
| basic concepts |
qualifying period |
extension |
incarcerated |
| basic concepts |
qualifying period |
extension |
rationale |
Decision 10790
Full Text of Decision 10790
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
intent and object |
|
Summary:
S. 11 of Interpretation Act requiring that enactment be given a fair, large and liberal interpretation provides assistance when ambiguity as to real meaning of a word or expression, not where text clear and unambiguous.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| labour dispute |
rationale |
|
|
| labour dispute |
regularly engaged |
definition |
|
Decision A-0175.84
Full Text of Decision A-0175.84
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
intent and object |
|
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 |
legislative authority |
provincial and other laws |
|
| board of referees |
rules of construction |
each word counts |
|
| labour dispute |
rationale |
|
|
Decision A-0852.81
Full Text of Decision A-0852.81
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
intent and object |
|
Summary:
Claimant had 6 of the 10 weeks required to qualify. The Umpire allowed the case because refusal here would defeat the intent of the legislation although the letter of the law was not met. Error in law. The Interpretation Act does not allow departure from a clear provision.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
errors in law |
excess of jurisdiction |
|
| board of referees |
jurisdiction |
priority of law |
|
Decision S-0392.78
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
intent and object |
|
Summary:
The courts are strictly required to apply the law as written and may not depart from the clear meaning of the provisions enacted by Parliament to give effect to a presumed intention not expressed. [PIGEON J., p.18-19]
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
effective date of proviso |
|
| 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 |
|
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 |
intent and object |
|
Summary:
The courts are strictly required to apply the law as written and may not depart from the clear meaning of the provisions enacted by Parliament to give effect to a presumed intention not expressed. [PIGEON J., p.18-19]
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 |
effective date of proviso |
|
| reconsideration of claim |
errors by Commission |
not a ground of entitlement |
|
| reconsideration of claim |
authority to review |
new facts vs reconsideration |
|
