Summary of Issue: Legislative Authority


Decision A-0384.78 Full Text of Decision A-0384.78

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority absence of a regulation
Summary:

Para. 2(1)(n) amended by adding the phrase "prescribed reduction in earnings", but no reduction prescribed by regulation. Accordingly, no effect may be given to the amendment, which is subject to regulations being made to cover this situation.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
interruption of earnings charter
interruption of earnings conditions required reduction in hours

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 legislative authority acquired rights
Summary:

It is now well established that a claimant has no vested right that the rules under which benefits will be paid to him on a weekly basis will remain fixed and immutable after the moment he makes his claim. Any change in those rules will be applicable to him.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
antedate applicability implicit request
claim procedure applicability general
earnings pension as income
board of referees rules of construction effective date of proviso
board of referees rules of construction intent and object

Decision 15446 Full Text of Decision 15446

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority acquired rights
Summary:

Refer to: A-0778.88


Decision A-0778.88 Full Text of Decision A-0778.88

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority acquired rights
Summary:

Claimant says he would have acted otherwise had he been aware that the law would be amended. All have to respect the fact that Parliament can change the law from time to time in the exercise of its constitutional powers, as per Umpire. Implicitly concurred in by FC.


Decision 13068 Full Text of Decision 13068

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority acquired rights
Summary:

Even though the benefit period commenced prior to 31-3-85, whether monies subsequently received are earnings under reg. 57 must be determined with reference to the wording of that regulation at the time that he actually claimed his benefits, i.e. on a bi-weekly basis.


Decision A-0178.86 Full Text of Decision A-0178.86

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority acquired rights
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 rules of construction effective date of proviso
earnings pension charter

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 legislative authority acquired rights
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 rules of construction effective date of proviso

Decision A-0116.79 Full Text of Decision A-0116.79

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority acquired rights
Summary:

Insured accumulated 8 insurable weeks ending on Friday, 2-12. Act amended as of Sunday, 4-12: 10 weeks required instead of 8. Claim for benefit made on 5-12. No vested right to establish a benefit period before 4-12.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts insurability number of weeks calculation

Decision A-0006.80 Full Text of Decision A-0006.80

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority acquired rights
Summary:

Because of strike, insured lost part-time job while he was claimant. Only vested rights: to claim benefits for a certain number of weeks. Entitlement is not a vested right because of 40(1). Case dismissed by FC without comment.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
claim procedure proof required for entitlement
labour dispute loss of employment while claiming ui

Decision 27800 Full Text of Decision 27800

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority charter
Summary:

I interpret s. 57 of the Federal Court Act as requiring notice before a section of the Act or a regulation is declared invalid, inapplicable or inoperable. It does not require notice before argument is heard, nor does it require notice if none of those results will follow. One can understand why s. 57 was added to the Federal Court Act. The government does not wish to lose constitutional cases by default, for example as a result of a lack of an opportunity to prepare a proper evidentiary base for a case. But, one wonders if there is not a better solution than s. 57.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment just cause to accompany spouse
voluntarily leaving employment new employment applicability
voluntarily leaving employment just cause marriage and move

Decision 22557 Full Text of Decision 22557

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority charter
Summary:

Where the constitutional validity of a federal statute is to be raised, s. 57 of the Federal Court Act requires that notice must be served within prescribed time limits to the Attorney General of Canada. I offered claimant an adjournment to this end. That offer was declined.


Decision 17026A Full Text of Decision 17026A

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority charter
Summary:

I cannot refrain from commenting on the ludicrousness of s.57 (which requires that notice be given to the Attorneys General when a constitutional issue is to be argued). Following these comments, other comments follow with the opinion that 2 features ofs.57 are worth nothing.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute charter
board of referees jurisdiction charter

Decision 21305 Full Text of Decision 21305

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority charter
Summary:

Under the amendments brought to the Federal Court in 2-92, particularly new Section 57, federal or provincial legislation or their regulations cannot be declared invalid unless persons concerned advised pursuant to para. 57(2). Case adjourned.


Decision 1493978 Full Text of Decision 1493978

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority charter
Summary:

The establishment of conditions of entitlement was an integral part of a legislative scheme enacted for a valid federal purpose under s.91(2)(A) of the British North America Act and treating claimants differently based on those conditions does not invalidate such legislation.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
maternity benefits charter

Decision 20198 Full Text of Decision 20198

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority contract and labour agreement
Summary:

Refer to: A-1028.91

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings accumulated sick leave credits
board of referees errors in law misinterpretation of provision
earnings income paid or payable

Decision A-1028.91 Full Text of Decision A-1028.91

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority contract and labour agreement
Summary:

We are all of the opinion that the Umpire was correct to decide that the Board had erred in law by interpreting a clear clause in the collective agreement governing the claimants in a manner which contradicted its text. Effectively, while the parties are free, as far as they are both concerned, to interpret their agreement the way they mutually agree, they do not enjoy the same freedom when their interpretation affects the rights of third parties.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings accumulated sick leave credits
board of referees errors in law misinterpretation of provision
earnings income paid or payable

Decision 18889 Full Text of Decision 18889

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority contract and labour agreement
Summary:

Earnings for 1-1 and 2-1 correctly distributed over the week of 1-1-89 even though the agreement between the employer and the union included these days of leave in the week ending 31-12-88. Parties to a contract cannot, by agreement, prevent the law from being applied.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings wages or salary designated holidays

Decision 17902 Full Text of Decision 17902

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority contract and labour agreement
Summary:

Those concerned in negotiating the signing bonus intended that the payment would not be treated as income allocated to the week in which paid. Parties to a contract cannot by their agreement avoid the application of general laws, as the Act is, to theirsituation.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings allocation transaction
earnings bonus signing contract

Decision A-0417.01 Full Text of Decision A-0417.01

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority discretionary powers
Summary:

The claimant having been misled by employees of the Commission, the BOR and the Umpire determined that the overpayment should be reduced by 50%. The FCA found that neither the BOR nor the Umpire had jurisdiction or authority to compel the Commission to exercise its discretion to write off an overpayment. Further, neither the BOR nor the Umpire are free to declare the Commission's refusal to be an abuse of process.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees errors in law excess of jurisdiction
reconsideration of claim overpayment authority to write off
umpires errors in law excess of jurisdiction

Decision 51479 Full Text of Decision 51479

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority discretionary powers
Summary:

See summary indexed under FCA A-0417.01

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
reconsideration of claim overpayment authority to write off
board of referees errors in law excess of jurisdiction
umpires errors in law excess of jurisdiction

Decision A-0874.97 Full Text of Decision A-0874.97

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority discretionary powers
Summary:

The BOR did not have the jurisdiction to decide whether the Commission had rightly refused to write off the debt and the Umpire erred in not cancelling the BOR's decision in this respect. The debtor should have proceeded by requesting a judicial review before the Trial Division of the FCA and not by appealing to the Umpire. Obviously the Commission must record its decision and convey it to the person concerned.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
reconsideration of claim authority to review time limitation
reconsideration of claim overpayment authority to write off

Decision A-0639.97 Full Text of Decision A-0639.97

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority discretionary powers
Summary:

Penalty of $5,200.00 imposed at the rate of 200% for making 20 false statements. Possibility of reducing the amount not considered by BOR (position dating from before Morin, A-453-95). Situation recognized by the Umpire who, even in light of the Morin decision, found that a reduction in the penalty was not justified in this case. FCA refused to intervene, ruling that it was satisfied the Umpire had taken into consideration all the aggravating and extenuating circumstances that appear in the file.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties reconsideration of penalty reduction
penalties amount of penalty second offence
penalties amount of penalty mitigating circumstances

Decision 39197 Full Text of Decision 39197

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority discretionary powers
Summary:

It is a recognized fact that the power of write-off is entirely at the discretion of the Commission, and that a decision made in exercising this discretionary power may only be reversed if the discretionary power has been exercised in a non-judicial way. However, Umpire found that the earlier case law on s. 60(2) cannot withstand the jurisprudential change of direction that has occurred in the Purcell (A-0694.94) and Morin (A-0453.95) cases. Since the decision in those cases, a new trend has emerged, namely to accord the BOR the power to have more control over the Commission’s discretionary decisions. Umpire therefore upheld the BOR’s decision, indicating that the BOR had the jurisdiction required to intervene in the Commission’s exercise of discretionary power under s. 60(2).**NOTE: The Commission is calling for a judicial review before the FCA, because the decision was in accordance with the Act and Regulations, and because the Commission’s position is supported by recent case law.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
reconsideration of claim overpayment authority to write off

Decision A-0926.96 Full Text of Decision A-0926.96

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority discretionary powers
Summary:

Claimant reported that he had not worked on his own account and that he had no connection to the employer, whereas he owned 25% of the employer’s shares. Umpire upheld the Board of Referees’ decision which found that the claimant was not credible and had made a false statement. FCA found that the claimant failed to show that the BOR and the Umpire came to an unreasonable decision in ratifying the 300% penalty imposed. It added that the BOR and Umpire are authorized to intervene only if it is shown that the Commission exercised its discretionary power in a non-judicial manner. This was not shown.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties knowingly

Decision A-0681.96 Full Text of Decision A-0681.96

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority discretionary powers
Summary:

Penalty reduced from $1,690 to $845 by the Umpire. The FCA found that it would have been desirable for the Umpire to rule clearly, in the first place, on the legality of the exercise of discretionary power by the Commission before determining the appropriateness of varying the penalty. However, the Court inferred from the Umpire’s two decisions that he had carried out this step and had thus not erred in reducing the penalty.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties amount of penalty
penalties reconsideration of penalty reduction
penalties commission policy
penalties amount of penalty mitigating circumstances

Decision A-0701.96 Full Text of Decision A-0701.96

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority discretionary powers
Summary:

The BOR recognized some mitigating factors (penalty greater than the penalty amount imposed on the respondent's employer and claimant's financial hardship) but did not reduce the amount of penalty because it believed it lacked authority to do so. Amount reduced by Umpire. The FCA held that there was no "decision or order" made by the BOR that could be reviewed by the Umpire. The Court, referring to its previous decisions in Morin (A-453-95), Dunham (A-708-95) and Mucciarone (A-464-96), allowed the Commission's appeal and ordered that the case be remitted back to the BOR for determination of the amount of penalty.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties reconsideration of penalty reduction
penalties amount of penalty mitigating circumstances

Decision A-0464.96 Full Text of Decision A-0464.96

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority discretionary powers
Summary:

Penalty of $4,536 was reduced to $18 by the Board of Referees, which cited the claimant’s precarious financial position. This decision was reversed by the Umpire, who found that the BOR had no jurisdiction to vary the amount of the penalty. This decision was set aside by the FCA, which referred the matter back to the Umpire for him to determine whether, given the claimant’s financial position, the BOR had judicially exercised its discretionary power in cancelling, for all practical purposes, the penalty imposed by the Commission. The FCA reminded the Umpire that a BOR should not cancel a penalty or reduce it to a token amount unless the circumstances are exceptional. **NOTE: In a subsequent decision (CUB 33564A), the Umpire took into consideration certain extenuating circumstances that had not been present initially, and reduced the penalty by half (from $4,536 to $2.268). This decision was not deemed to be unreasonable by the Commission, and no appeal was made to the FCA.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties reconsideration of penalty reduction
penalties amount of penalty

Decision T-2369.95 Full Text of Decision T-2369.95

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority discretionary powers
Summary:

Claimant's appeal as to her disqualification for misconduct allowed. Twice the employer requested a new hearing which was granted by the BOR. Claimant filed an application for a writ of prohibition to stop the third hearing. The FCA recognized the BOR' jurisdiction to reopen the hearing but found that the employer had been given a reasonable opportunity to be heard. The FCA found however that in the particular circumstances of the case, such an excess of litigation was unreasonable and imposed hardship upon the claimant.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees right to be heard employer

Decision A-0708.95 Full Text of Decision A-0708.95

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority discretionary powers
Summary:

The FCA first noted that the Morin decision (A-453-95) had ended the controversy that had existed since the decision in Von Findenigg (A-737-82) concerning the power of the BOR and the Umpire to intervene and to exercise themselves the discretionary power conferred upon the Commission. The FCA went on to state that to verifiy the exercise of this discretionary power, the Board of Referees is not limited to the facts that were before the Commission, but may take into account facts of which the Board itself becomes aware. The Board must find that an essential consideration has been ignored, for it is not entitled to substitute its own discretion, purely and simply, for that of the Commission. In such a case, the Board may refer the matter back to the Commission or make a determination itself, if it deems itself able to do so legitimately.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties reconsideration of penalty reduction
penalties commission policy
penalties amount of penalty

Decision 34820 Full Text of Decision 34820

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority discretionary powers
Summary:

In Morin FCA A-453-95, the Court stated that greater deference must be given to the Commission on its use of its power under the Act but that does not mean that the Umpire is unable to reduce a penalty. It simply means that the particular circumstances must truly warrant intervention.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties reconsideration of penalty reduction
board of referees natural justice defined

Decision 28068A Full Text of Decision 28068A

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority discretionary powers
Summary:

Refer to summary indexed under FCA A-0681.96

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties reconsideration of penalty reduction
penalties amount of penalty
penalties commission policy
penalties amount of penalty mitigating circumstances

Decision A-0600.95 Full Text of Decision A-0600.95

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority discretionary powers
Summary:

Late appeal (4 months). In the absence of an explanation as to how the Commission had not exercised its discretion in a judicial manner under subsection 79(1) of the Act, the Board of Referees could not substitute its discretion for that of the Commission. The Umpire therefore erred in not concluding that the Board of Referees had been wrong to substitute its discretion for that of the Commission.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees special reasons appealable time for appeal to bor
board of referees special reasons discretion of Commission time for appeal to bor

Decision A-0453.95 Full Text of Decision A-0453.95

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority discretionary powers
Summary:

To maintain that the Umpire's authority to give the decision that should have been given is withdrawn when the decision under attack is a discretionary one would be inconsistent with the Act and with Parliament's intent. Matter referred back to an Umpire for redetermination with the assumption that he has jurisdiction to change the amount of the penalty imposed if he concludes that the Commission did not exercise its discretion in a judicial manner.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties reconsideration of penalty reduction

Decision 22558A Full Text of Decision 22558A

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority discretionary powers
Summary:

Refer to: A-0448.95

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees special reasons discretion of Commission time for appeal to bor

Decision A-0448.95

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority discretionary powers
Summary:

The Umpire has taken it upon himself to simply proceed to a new evaluation of the facts and to grant the extension without first addressing the question of whether there was any indication that the Commission did not act judicially. Nothing on file to this effect. Commission's appeal allowed.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees special reasons discretion of Commission time for appeal to bor

Decision 25953 Full Text of Decision 25953

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority discretionary powers
Summary:

Refer to: A-0694.94

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties knowingly
board of referees jurisdiction independent decision-making
penalties reconsideration of penalty remove

Decision A-0694.94 Full Text of Decision A-0694.94

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority discretionary powers
Summary:

Whether the phrase "in its opinion" has the effect of insulating the Commission's decision to impose a penalty from the review by the BOR. Held that BOR possesses the requisite jurisdiction to formulate its own opinion with respect to a false or misleading statement. The BOR is empowered to engage in a de novo review with respect to factual matters and is in a better position to make objective findings of fact. It is the BOR which functions as a quasi-judicial body not the Commission.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties knowingly
board of referees jurisdiction independent decision-making
penalties reconsideration of penalty remove

Decision 29211 Full Text of Decision 29211

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority discretionary powers
Summary:

Refer to summary indexed under FCA A-0708.95

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties reconsideration of penalty reduction
penalties commission policy
penalties amount of penalty

Decision A-0464.94 Full Text of Decision A-0464.94

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority discretionary powers
Summary:

At issue: the power to reduce length of disqualification. In the rare case where a Commission decision can be set aside for fundamental error, the Umpire or Board of Referees is limited to referring the matter back to the Commission for a proper exercise of its discretion.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification length powers

Decision 24929 Full Text of Decision 24929

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority discretionary powers
Summary:

Refer to: A-0464.94

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification length powers

Decision A-0308.94 Full Text of Decision A-0308.94

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority discretionary powers
Summary:

The jurisprudence establishes clearly that neither a Board nor an Umpire may exercise the discretionary powers conferred on the CEIC. Such a decision cannot be overturned unless vitiated by a fundamental error. There is no reason not to apply this to a decision fixing the length of a disqualification.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification length powers

Decision A-0346.93 Full Text of Decision A-0346.93

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority discretionary powers
Summary:

The matter will be referred back to the Umpire on the basis that the question whether or not the Commission exercised its discretion judicially in refusing the extension must be decided by the Umpire before he decides whether or not to order the appeal to be heard on its merits.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
umpires jurisdiction not exercised
board of referees special reasons appealable time for appeal to bor
board of referees special reasons discretion of Commission time for appeal to bor

Decision 22558 Full Text of Decision 22558

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority discretionary powers
Summary:

Refer to: A-0346.93

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
umpires jurisdiction not exercised
board of referees special reasons appealable time for appeal to bor
board of referees special reasons discretion of Commission time for appeal to bor

Decision 21688 Full Text of Decision 21688

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority discretionary powers
Summary:

Refer to: A-1449.92

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment applicability leave of absence granted
basic concepts rate of benefit disqualification

Decision A-1449.92 Full Text of Decision A-1449.92

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority discretionary powers
Summary:

The Umpire erred in finding that the reduced rate should have terminated on 31-8-91. Ss. 30(7) confers a discretion on the Commission. The Umpire is not allowed to exercise a discretion that the legislation explicitly confers on the Commission itself. Once the Umpire decided that the ss. 30(7) discretion had not been exercised at all, he ought to have referred the matter back to the Board with directions that the Board should remit the matter back to the Commission for reconsideration on the basis that it exercise its discretion under ss. 30(7).

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts rate of benefit disqualification
voluntarily leaving employment applicability leave of absence granted

Decision T-1765.89 Full Text of Decision T-1765.89

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority discretionary powers
Summary:

The exercise of discretionary power can be reviewed only if the deciding authority acted without or beyond its jurisdiction, violated procedural fairness, or acted in a discriminatory, unreasonable or perverse manner.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
reconsideration of claim authority to review new facts vs reconsideration
reconsideration of claim authority to review change in jurisprudence
reconsideration of claim authority to review claimant's request reconsideration of claim by Commission

Decision 10633 Full Text of Decision 10633

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority discretionary powers
Summary:

Various judgments examined for a proper interpretation of the words "in the opinion of" a deciding authority. Note: this case, HARBOUR, was reviewed by the Federal Court who disagreed with the reasoning but agreed with the result.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts claim required
basic concepts eligibility to benefits
basic concepts types of claims
claim procedure discretionary power waiver or variation of requirements

Decision A-0576.95 Full Text of Decision A-0576.95

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority make regulations
Summary:

Held by FCA that par. 44(y) of the Act grants to the Commission a broad authority to make regulations. This provision, combined with the wording in ss. 28(3) of the Act "or as otherwise prescribed" left to the Commission the authority of enlarging the meaning of the word "employment" contained in s. 28 of the Act.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment applicability employment last
basic concepts disqualification applicability

Decision A-0298.74 Full Text of Decision A-0298.74

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority make regulations
Summary:

Para. 58(j) does not allow regulations to be made subordinating proof of fulfilment of the prescribed conditions to proof of a fact that has no logical connection to fulfilment of those conditions. Connection must be such that one cannot exist without the other.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work applicability proof
availability for work job search as a requirement

Decision 36937 Full Text of Decision 36937

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority provincial and other laws
Summary:

There is no legal requirement that the UI Act and the Income Tax Act be consistent with one another and no power for me to offer any redress on the basis of their inconsistencies with one another.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings income elected or appointed representative
reconsideration of claim errors by Commission not a ground of entitlement

Decision 21399 Full Text of Decision 21399

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority provincial and other laws
Summary:

Total temporary workmen's compensation payments not defined in the Act. The application of a federal law surely does not depend on the language employed by a provincial law in the way it describes its benefits. Such an intention would have to be spelled out in the federal Act.


Decision 15115 Full Text of Decision 15115

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority provincial and other laws
Summary:

The application of common law principles to the public law of Canada and Manitoba is not in doubt; and, indeed, logical and historical proof can be made to show that such principles are equally applicable to the public law of Quebec, but this latter view is not in issue here.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
umpires jurisdiction requiring a document

Decision 1909488 Full Text of Decision 1909488

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority provincial and other laws
Summary:

I agree that the values embodied in the Charter [freedom of association] must be given preference over an interpretation which would run contrary to them. [p. 62]

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 rules of construction each word counts
labour dispute rationale

Decision 13856 Full Text of Decision 13856

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority provincial and other laws
Summary:

There is no doubt that, in the administration of a law of Canada, validly enacted provincial laws bearing on the same subject matter and not in conflict with Parliament's enactment are to be respected and observed.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings vacation pay trust fund

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 legislative authority provincial and other laws
Summary:

It is argued he should be given the benefit of provincial legislation specifying that a person remanded to a mental health facility is a patient. This is a definition for purposes of that legislation and does not apply to a different term in different legislation with a different purpose. [p.56]

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 intent and object
board of referees rules of construction context and titles
basic concepts qualifying period extension rationale

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 legislative authority provincial and other laws
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 rules of construction each word counts
labour dispute rationale

Decision A-0263.78 Full Text of Decision A-0263.78

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority provincial and other laws
Summary:

The judgment of this Court in Atkins was rendered under the Income Tax Act. It cannot be invoked when interpreting the UI Regulations unless it be clear that the word "income" has the same meaning in both enactments.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings charter
earnings rationale
earnings proof
earnings income applicability
earnings awards as income
earnings awards legal costs
earnings income amount unknown

Decision 38437A Full Text of Decision 38437A

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority purpose of ui system
Summary:

The purpose of unemployment insurance (now employment insurance) is to provide assistance to those who have lost their jobs, are available for work and are making serious efforts to find new employment. It is not to provide benefits to those who are on holiday or convalescing outside Canada.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
sickness benefits out of canada

Decision A-0126.97 Full Text of Decision A-0126.97

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority purpose of ui system
Summary:

Claimant left job in Nova Scotia to live with her boy friend in Windsor, Ont. Disqualified for V.L. without just cause. Appeal not based on the "common law relationship" argument but on Charter and Constitution Act, which guarantee the claimant's rights to move and take up residence, and to pursue the gaining of a livelihood, in any province. The UI Act provides a scheme of insurance for persons who become unemployed, not mobility insurance ruled the Umpire. The Act does not place any barrier nor discriminate against anyone on the basis of provincial residence. Claimant disqualified because she voluntarily left her employment in circumstances in which it cannot be said that she did not have any reasonable alternatives. Appeal summarily dismissed by the FCA.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment legislation charter

Decision 40261 Full Text of Decision 40261

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority purpose of ui system
Summary:

Clmt requested benefits for the first month of employment as a salesman because he earned no commission. Lack of earnings does not establish unemployment. It is not the purpose the Act to subsidize a person in any employment until such time he is able to generate earnings.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment commission salespersons
week of unemployment work without earnings

Decision 27230 Full Text of Decision 27230

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority purpose of ui system
Summary:

Refer to: A-0274.95

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment work without earnings

Decision A-0274.95 Full Text of Decision A-0274.95

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority purpose of ui system
Summary:

Though I consider it praiseworthy that these beneficiaries wished to work, it remains that the Unemployment Insurance Act was not designed to compensate employees, when their employers are unable to pay their salaries owing to financial problems.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment work without earnings

Decision 26990 Full Text of Decision 26990

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority purpose of ui system
Summary:

As with any insurance scheme it is incumbent upon the person seeking benefits under the Plan to avoid increasing the risk of unemployment thereby casting the burden of supplying benefits to that person upon all the other contributors to the Plan. Not intended for those who elect not to be employed.


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 legislative authority purpose of ui system
Summary:

The underlying purpose of the Act is to provide a claimant with financial support until such time as she or he is able to find comparable employment. It is my understanding that it is not the purpose of the Act to discourage claimants from seeking part-time work which is precisely the case before us.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees rules of construction intent and object
basic concepts rate of benefit computation

Decision 23887 Full Text of Decision 23887

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority purpose of ui system
Summary:

Refer to: A-0061.94

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees rules of construction intent and object
basic concepts rate of benefit computation

Decision 24975 Full Text of Decision 24975

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority purpose of ui system
Summary:

It is well known that the purpose of the UI regime is to compensate persons who have involuntarily lost their employment. Thus, where persons have left their employment of their own accord or by their own doing, the system is not to be used for their benefit (see GAGNON).

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
misconduct questions to examine

Decision A-1472.92 Full Text of Decision A-1472.92

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority purpose of ui system
Summary:

The general scheme of the UI Act is to provide insurance through a national pooling of the risks and costs of unemployment. It is argued that the system is first a social security legislation. I accept that the Act cannot be understood and implemented as if it was simply a private insurance scheme.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work restrictions geographical area
availability for work restrictions type of work
refusal of work suitability defined
availability for work applicability definition
availability for work restrictions geographical area after moving

Decision 21935 Full Text of Decision 21935

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority purpose of ui system
Summary:

Refer to: A-1472.92

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work restrictions geographical area
availability for work restrictions type of work
refusal of work suitability defined
availability for work applicability definition
availability for work restrictions geographical area after moving

Decision A-1393.92 Full Text of Decision A-1393.92

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority purpose of ui system
Summary:

Quoted from ABRAHAMS with approval: Since the overall purpose of the Act is to make benefits available to the unemployed, I would favour a liberal interpretation of the re-entitlement provisions. I think any doubt arising from the difficulties of the language must be resolved in favour of claimant.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees rules of construction context and titles
basic concepts qualifying period extension incarcerated

Decision 21630 Full Text of Decision 21630

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority purpose of ui system
Summary:

Refer to: A-1393.92

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees rules of construction context and titles
basic concepts qualifying period extension incarcerated

Decision A-1036.92 Full Text of Decision A-1036.92

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority purpose of ui system
Summary:

In approaching the interpretation of the UI Act, generally one must keep in mind the advice of the SC in ABRAHAMS and in HILLS to favour a liberal intepretation. Thus, Courts are urged by the Supreme Court of Canada to support the claims of workers to benefits where the language permits a choice.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute rationale
labour dispute conditions required for disentitlement
labour dispute loss of employment by reason of a stoppage
labour dispute loss of employment prior to stoppage
board of referees errors in law misinterpretation of facts

Decision 21236 Full Text of Decision 21236

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority purpose of ui system
Summary:

Refer to: A-1036.92

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute conditions required for disentitlement
labour dispute rationale
labour dispute loss of employment by reason of a stoppage
labour dispute loss of employment prior to stoppage
board of referees errors in law misinterpretation of facts

Decision 22047 Full Text of Decision 22047

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority purpose of ui system
Summary:

Claimant asked why she was not entitled to UI after having contributed over more than 9 years. Claimants often share this misunderstanding. One contributes and one is entitled only in accord with the statute which generally supports those who, through no fault of their own, are unemployed.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
refusal of work personal constraints after confinement

Decision 19788 Full Text of Decision 19788

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority purpose of ui system
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 rules of construction intent and object

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 legislative authority purpose of ui system
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 that 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 rules of construction intent and object

Decision 19923 Full Text of Decision 19923

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority purpose of ui system
Summary:

The unemployment insurance program is not a statutory investment or savings plan which allows claimants the right to receive benefits merely because they have paid premiums. Claimants must establish their eligibility for benefits in accordance with the Act.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees issue not recognized error by board

Decision 2122291 Full Text of Decision 2122291

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority purpose of ui system
Summary:

The aim of the Act has always been to create a social insurance plan to compensate unemployed workers for loss of income from their employment and to provide them with economic and social security for a time, thus assisting them in returning to the labour market. The aim of the UI Act is to compensate temporarily persons intent on remaining in the active labour force but who are at some point unable to find employment.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
federal court jurisdiction
federal court role
board of referees jurisdiction charter
umpires jurisdiction charter
federal court appeal system levels

Decision 19326 Full Text of Decision 19326

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority purpose of ui system
Summary:

Benefits are intended to be paid as insurance to people between jobs when they have lost employment with one employer and are seeking employment with another.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment rationale
board of referees rules of construction intent and object

Decision 18827 Full Text of Decision 18827

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority purpose of ui system
Summary:

Held not available while taking a course. Believes the question of need should be considered. While the factors enumerated are of significance to him, they are not to be taken into account under the Act which does not provide for need to be considered.


Decision 17586 Full Text of Decision 17586

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority purpose of ui system
Summary:

Contributions alone are not sufficient to entitle one to UI. The UI fund is not a type of banking arrangement whereby claimants pay premiums into it and then when they are no longer working they are entitled to draw on the fund.


Decision 16974 Full Text of Decision 16974

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority purpose of ui system
Summary:

As Umpires have said time and time again, UI benefits are for those who through no action on their part find themselves without work and who, in spite of continuous and intensive efforts to find work, cannot do so.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work courses presumption

Decision 16022 Full Text of Decision 16022

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority purpose of ui system
Summary:

Ordinarily when one pays premiums for term insurance, for example term life insurance, one does not receive a return of any portion of the premiums paid if one happens to outlive the term agreed upon in the insurance contract. [re pensioners]

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings pension rationale

Decision S-1059.84

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority purpose of ui system
Summary:

The object of the Act is to compensate persons whose employment is terminated involuntarily and who are unemployed. Once the criteria for general entitlement are satisfied [insurable employment, interruption of earnings and availability], entitlement is the rule and disentitlement the exception.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
interruption of earnings conditions required
availability for work applicability necessary conditions
board of referees rules of construction intent and object
basic concepts benefit periods extension applicability
basic concepts benefit periods extension workers' compensation

Decision 15311 Full Text of Decision 15311

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority purpose of ui system
Summary:

I can sympathize with claimants' complaints as to unfairness of depriving them from benefits after so many years of paying premiums but only because they suffer from the misconception that UI is a form of savings to be returned to retired people.


Decision 1909488 Full Text of Decision 1909488

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority purpose of ui system
Summary:

Since the purpose of the Act is to make benefits available to the unemployed, a liberal interpretation of re-entitlement provisions is warranted, given the Act was not designed to deprive innocent victims of benefits and also employees do contribute to UI fund. [p. 35].

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute financing
board of referees rules of construction intent and object
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 legislative authority purpose of ui system
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 rules of construction intent and object
earnings income not insurable
board of referees natural justice notice of hearing

Decision 14652 Full Text of Decision 14652

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority purpose of ui system
Summary:

Claimant has no doubt, in common with many others, paid UI premiums for a long time, but those who do so, in common with others who pay premiums on term insurance are not entitled to recover premiums or to be excused from the terms of the policy.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts benefit periods extension wage-loss

Decision 14282 Full Text of Decision 14282

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority purpose of ui system
Summary:

To provide financial assistance to persons who, through no fault of their own, have become unemployed, have a sincere desire to work and make a personal effort to find work. Temporary relief while actively seeking work of a nature possible to find.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work courses purpose of the legislation

Decision 12894 Full Text of Decision 12894

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority purpose of ui system
Summary:

Many people believe UI is a reserve that can be drawn on later on demand. Not sufficient to have contributed and be unemployed. Certain requirements must be met.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
teaching availability for work summer months

Decision 12751 Full Text of Decision 12751

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority purpose of ui system
Summary:

Individuals assume that premiums give them a right to a return thereon. The UI system is not designed that way. Premiums are in the nature of another tax. The system is designed to pay unemployed individuals only in accordance with the rules set out in the Act.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work restrictions specific employer
availability for work applicability necessary conditions

Decision 11895 Full Text of Decision 11895

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority purpose of ui system
Summary:

The purpose of UI is to provide temporary relief to those persons who, through no fault of their own, lose their employment and are actively seeking employment of a nature which can possibly be found at some location readily accessible to their residence.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work job search reliance on others
availability for work restrictions labour market information
availability for work job search as a useless act
availability for work job search number of contacts

Decision 11143 Full Text of Decision 11143

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority purpose of ui system
Summary:

The UI Act is not simple to follow. It contains many twists and turns. Some of its provisions create conflicts. Law people often are in disagreement as to how it should be interpreted. Claimants have different perceptions and decisions sometimes create resentment.


Decision 11040 Full Text of Decision 11040

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority purpose of ui system
Summary:

Insured believed entitled to UI merely because contributed. Purpose of UI is exclusively to compensate for involuntary lay-offs and scarcity of jobs. Insurance against risk of unemployment. Numerous conditions must be met.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work courses presumption
availability for work courses interruption short period of time

Decision 10835 Full Text of Decision 10835

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority purpose of ui system
Summary:

The UI scheme is founded on a quasi-contractual philosophy. Individuals pay benefits and in return become insured persons. Their status and entitlement has nothing to do with other sources of income nor whether their assets are considerable or non-existent. [p. 8]

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute charter

Decision 10689 Full Text of Decision 10689

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority purpose of ui system
Summary:

Object of Act: to create a UI system to provide unemployed persons with collective benefits of their insurance premiums so that can survive until they find new employment. Availability essential. Several sections reflect this principle.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work incompatible situations imprisonment

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 legislative authority purpose of ui system
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 rules of construction intent and object
board of referees legislative authority provincial and other laws
board of referees rules of construction each word counts
labour dispute rationale

Decision 1669883 Full Text of Decision 1669883

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority purpose of ui system
Summary:

Since the overall purpose of the Act is to make benefits available to the unemployed, I would favour a liberal interpretation of the re-entitlement labour dispute provisions. I think that any doubt arising from the language of the statute should be given to the claimant. [p._13]


Decision A-0872.80 Full Text of Decision A-0872.80

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority purpose of ui system
Summary:

Since the overall purpose of the Act is to make benefits available to the unemployed, I would favour a liberal interpretation of the re-entitlement labour dispute provisions. I think that any doubt arising from the language of the statute should be given to the claimant. [p._13]


Decision A-0166.74 Full Text of Decision A-0166.74

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority purpose of ui system
Summary:

This statute is even more difficult than most modern complicated statutes to comprehend. It is replete with special concepts created for the purpose of the statute. Its general scheme is almost completely obscured by being buried in detailed provisions.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
teaching earnings summer months
Date modified: