Summary of Issue: Specific Clause


Decision 19676A Full Text of Decision 19676A

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Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees rules of construction specific clause
Summary:

Refer to: A-1023.91

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings awards liability to repay ui

Decision A-1023.91 Full Text of Decision A-1023.91

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Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees rules of construction specific clause
Summary:

Where the particular event in ss. 38(2) is found to occur, it takes precedence over the general imposition of joint liability in s. 35 and 37, in accordance with the traditional rule of statutory interpretation by which a particular enactment is operative over a general one in the same statute.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings awards liability to repay ui

Decision A-0777.88 Full Text of Decision A-0777.88

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Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees rules of construction specific clause
Summary:

Since para. 57(2)(e) deals specifically with pensions and para. 57(3)(h) deals generally with monies, the normal interpretive rule is that a specific provision must prevail over a general one applies.

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earnings pension as income

Decision 15442 Full Text of Decision 15442

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Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees rules of construction specific clause
Summary:

Refer to: A-0777.88

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Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings pension as income

Decision 10687 Full Text of Decision 10687

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Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees rules of construction specific clause
Summary:

S. 26 quite simply creates a fiction to get around para. 14(b). Provision clear and liberal construction not appropriate here. Moreover, as an exceptional measure, s. 26 is subject to narrow construction; rule sufficiently recognized in case law.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
courses of instruction or training applicability
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