Summary of Issue: Intent And Object


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
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
basic concepts disqualification applicability
basic concepts disqualification rationale
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
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
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
misconduct loss of employment definition
basic concepts disqualification applicability
basic concepts disqualification rationale
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

Decision A-1124.92 Full Text of Decision A-1124.92

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees rules of construction intent and object
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: Sub-Issue 2: 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
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
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
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
claim procedure applicability general
board of referees legislative authority acquired rights
earnings pension as income
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
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
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