Decision A-1194.87
Full Text of Decision A-1194.87
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
change of wording |
|
Summary:
The word "severance" in subparagraph 57(3)(h) which reads "cessation définitive" in French does not include an indefinite layoff. The subsequent amendment replacing severance by "layoff or separation" and deleting "définitive" in the French text is a change of legislative intent, not a clarification.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
vacation pay |
by reason of lay-off or separation |
|
Decision A-0451.85
Full Text of Decision A-0451.85
summary
| Issue: |
Sub-Issue 1: |
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Sub-Issue 3: |
| board of referees |
rules of construction |
change of wording |
|
Summary:
Clearly, former s. 32 had much wider parameters than present. The change in the language used is clearly purposive and must be presumed to have some significance.
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 |
intent and object |
|
| 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 23985
Full Text of Decision 23985
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
context and titles |
|
Summary:
Refer to: A-0094.94
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
car insurance |
|
|
Decision A-0094.94
Full Text of Decision A-0094.94
summary
| Issue: |
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Sub-Issue 3: |
| board of referees |
rules of construction |
context and titles |
|
Summary:
The heading preceding ss. 12(1) is "Income Benefit" while the heading preceding ss. 13(1) is "Benefit If No Income". It is now well settled that, unlike marginal notes, headings may be used as aids to the construction of the language of an enactment.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
car insurance |
|
|
Decision 21630
Full Text of Decision 21630
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
context and titles |
|
Summary:
Refer to: A-1393.92
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
legislative authority |
purpose of ui system |
|
| basic concepts |
qualifying period |
extension |
incarcerated |
Decision A-1393.92
Full Text of Decision A-1393.92
summary
| Issue: |
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Sub-Issue 3: |
| board of referees |
rules of construction |
context and titles |
|
Summary:
We agree that legal interpretation entails consideration of numerous factors, and it may be necessary to ignore the restrictive view suggested by the immediate context if a more liberal approach is dictated by Parliament's overall intent.
Today there is only one principle or approach, namely, the words of an Act are to be read in their entire context and in their grammatical and ordinary sense harmoniously with the scheme of the Act, the object of the Act, and the intention of Parliament.
As stated in GARLAND, it is necessary to read the statute containing the words in issue in its entirety as an initial step. Only after that has been done can it be determined with any precision whether or not the words being interpreted are clear and unambiguous. We accept this approach.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
legislative authority |
purpose of ui system |
|
| basic concepts |
qualifying period |
extension |
incarcerated |
Decision 20498
Full Text of Decision 20498
summary
| Issue: |
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Sub-Issue 3: |
| board of referees |
rules of construction |
context and titles |
|
Summary:
It is clear from the context that ss. 43(3) has to do with self-employed farmers: the section appears under the heading "Self-Employed Person". Also, ss. 43(1) expressly deals with self-employed persons and ss. 43(2) and (3) deal with specific categories of self-employed.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
corporate veil |
|
|
| week of unemployment |
farming |
self-employed |
|
| board of referees |
errors in law |
misinterpretation of provision |
|
Decision A-0637.86
Full Text of Decision A-0637.86
summary
| Issue: |
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| board of referees |
rules of construction |
context and titles |
|
Summary:
It seems appropriate to me that the provisions concerning entitlement be interpreted liberally following ABRAHAMS. Nevertheless, Part V of the Act [s. 120] does not deal with entitlement but with the administrative mechanism. No need for liberal interpretation. [Dejardins, J.]
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 |
overpayment |
date of liability |
|
| claim procedure |
documents sent by mail |
presumption |
|
| reconsideration of claim |
overpayment |
time limitation for recovery |
|
| reconsideration of claim |
authority to review |
time limitation |
|
Decision A-0451.85
Full Text of Decision A-0451.85
summary
| Issue: |
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Sub-Issue 3: |
| board of referees |
rules of construction |
context and titles |
|
Summary:
A word in a statute is a cell within an organism, an incomplete structure within a more complete one, and can be fully understood only in relation to the whole of which it is a constituent part. [Justice MacGuigan]
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 |
intent and object |
|
| 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: |
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Sub-Issue 3: |
| board of referees |
rules of construction |
context and titles |
|
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: |
| board of referees |
rules of construction |
intent and object |
|
| availability for work |
incompatible situations |
imprisonment |
|
| basic concepts |
qualifying period |
extension |
incarcerated |
| basic concepts |
qualifying period |
extension |
rationale |
Decision 23306
Full Text of Decision 23306
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
each word counts |
|
Summary:
It seems clear that casual teaching is not equivalent to substitute teaching. The Commission argues that casual and substitute are synonymous concepts. I do not think two different words would have been used if only one category was intended.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| teaching |
contract terminating with end of school year |
|
|
| teaching |
casual |
definition |
|
| teaching |
casual or substitute |
applicability |
|
Decision 19620
Full Text of Decision 19620
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
each word counts |
|
Summary:
If s.29 overrides s.31, then s.31 becomes almost meaningless. There is a general principle of statutory interpretation which requires that when an ambiguity arises, statutes should be interpreted to avoid the conclusion that a provision or provisions are meaningless.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| labour dispute |
loss of employment |
definition |
|
| voluntarily leaving employment |
legislation |
charter |
|
Decision 15838
Full Text of Decision 15838
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
each word counts |
|
Summary:
Refer to: A-1118.88
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
accumulated sick leave credits |
|
|
| earnings |
vacation pay |
as income |
|
Decision A-1118.88
Full Text of Decision A-1118.88
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
each word counts |
|
Summary:
Two possibilities: (i) and (ii). The legislature cannot be assumed to have spoken in vain when it enacted (i). If payments contemplated in (i) were also covered by (ii), subpara. (i) would be deprived of meaning. Application of (ii) excluded if the case is covered by (i).
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
accumulated sick leave credits |
|
|
| earnings |
vacation pay |
as income |
|
Decision 1909488
Full Text of Decision 1909488
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
each word counts |
|
Summary:
In reading a statute it must be assumed that each term, each sentence and each paragraph has been deliberately drafted with a specific result in mind. Parliament chooses its words carefully: it does not speak "gratuitously".
This is not to say that the provision has lost all meaning. Even if the word "financing" were to be excised, the provisions would still retain its usefulness as regards other disentitlement provisions therein contained. [p. 58]
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 |
legislative authority |
provincial and other laws |
|
| labour dispute |
rationale |
|
|
Decision 13194
Full Text of Decision 13194
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
each word counts |
|
Summary:
Parliament presumed not to speak and say nothing, and so I deduce that use of 2 different expressions [contract and custom in Reg. 57(3)(h)] implies desire to create 2 separate concepts.
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 |
each word counts |
|
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 |
legislative authority |
provincial and other laws |
|
| labour dispute |
rationale |
|
|
Decision A0834.82
Full Text of Decision A0834.82
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
each word counts |
|
Summary:
For claimant's submission to prevail, the word "only" or a similar word would have to be read into ss.41(1). It is a well accepted principle of statutory interpretation that such an expedient is to be avoided, if at all possible.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| misconduct |
merit of dismissal |
|
|
| misconduct |
real reason for dismissal |
|
|
| misconduct |
labour dispute |
illegal walkout |
|
Decision A-0436.80
Full Text of Decision A-0436.80
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
each word counts |
|
Summary:
As per a reliable source of authority, it is a serious error to read into an Act of Parliament words which are not there and it is something to avoid. Respondent asks the Court to distinguish where the legislator did not and this is an error of interpretation.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| reconsideration of claim |
overpayment |
deduction from benefits |
|
Decision A-0691.94
Full Text of Decision A-0691.94
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
effective date of proviso |
|
Summary:
The event that led to the disqualification occurred on 14-8-92 when she left her employment. Yet, para. 28(4)(n) of the Act only came into effect on 3-4-93 and could not apply to disqualified persons because of an event occurring before this paragraph came into effect.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
leave or holidays |
|
| voluntarily leaving employment |
just cause |
reasonable circumstance as prescribed |
|
Decision 26046
Full Text of Decision 26046
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
effective date of proviso |
|
Summary:
Refer to: A-0691.94
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
leave or holidays |
|
| voluntarily leaving employment |
just cause |
reasonable circumstance as prescribed |
|
Decision 21248
Full Text of Decision 21248
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
effective date of proviso |
|
Summary:
Refer to: A-1102.92
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| basic concepts |
benefit periods |
commencement date |
|
Decision A-1102.92
Full Text of Decision A-1102.92
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
effective date of proviso |
|
Summary:
Last day worked 15-11-90 (Thursday). New legislation in effect 18-11. Claim filed 20-11. Number of insured weeks: 20 including last week worked. Cannot benefit of former legislation as he would not qualify with 19 weeks. Can only qualify from 18-11 and new legislation applies. No change by FC.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| basic concepts |
benefit periods |
commencement date |
|
Decision 22259
Full Text of Decision 22259
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
effective date of proviso |
|
Summary:
Despite the fact that the Act to amend the UI Act may have come into effect on 18-11-90, s.19 was repealed and deemed specifically to have come into effect on 23-9-88. As such, the only persons not affected by the change of legislation would be those who turned 65 prior to 23-9-88.
Decision A-0496.91
Full Text of Decision A-0496.91
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
effective date of proviso |
|
Summary:
Ceased work 6-85. Interruption of earnings in 10-86. Claim filed in 5-87. Umpire's decision quashed: the qualifying period was the 52 weeks preceding 17-5-87 rather than 26-10-86. The new ground for extension added on 5-4-87 is applicable to the qualifying period.
Assuming that the qualifying period ended in 10-86, as the Umpire wrongly assumed, that period could not have been extended under new ss. 7(3) effective 5-4-87, as it could not affect the length of a qualifying period already expired.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| basic concepts |
qualifying period |
extension |
applicability |
Decision 19613
Full Text of Decision 19613
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
effective date of proviso |
|
Summary:
Refer to: A-0496.91
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| basic concepts |
qualifying period |
extension |
applicability |
Decision 20275
Full Text of Decision 20275
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
effective date of proviso |
|
Summary:
As pointed out by the Commission's representative, Parliament did not choose to give s.31(1.2) retroactive application and the conclusion must be that s.31(1.2) specifically changes the law as reflected in the jurisprudence from the effective date of the new provision only.
Decision A-0813.90
Full Text of Decision A-0813.90
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
effective date of proviso |
|
Summary:
Transitional clause exempting severance pay from earnings. Monies paid after expiration of the clause, although payable prior, partly allocated after expired clause. The Umpire held the whole amount exempted. Academic point not solved by the FC.
Decision 18587
Full Text of Decision 18587
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
effective date of proviso |
|
Summary:
Refer to: A-0813.90
Decision 16978
Full Text of Decision 16978
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
effective date of proviso |
|
Summary:
Refer to: A-0430.89
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
errors in law |
misinterpretation of provision |
|
Decision A-0430.89
Full Text of Decision A-0430.89
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
effective date of proviso |
|
Summary:
Benefit period established in 2-86 and terminated 9-86. The Umpire used ss. 7(2) enacted 4-87 to allow an extension of the qualifying period prior to 2-86. The Umpire erred in law in finding that 7(2) had retrospective effect.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
errors in law |
misinterpretation of provision |
|
Decision A-1191.88
Full Text of Decision A-1191.88
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
effective date of proviso |
|
Summary:
Even if the pension had been effective in 12-85 and a claim filed immediately, that would not have prevented the new regulation from being applicable from the moment it came into force and the pension monies received from then on deductible from the benefits otherwise payable.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| antedate |
applicability |
implicit request |
|
| claim procedure |
applicability |
general |
|
| board of referees |
legislative authority |
acquired rights |
|
| earnings |
pension |
as income |
|
| board of referees |
rules of construction |
intent and object |
|
Decision 16181
Full Text of Decision 16181
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
effective date of proviso |
|
Summary:
Fired on 7-3-85 and paid damages much later; the amounts are spread starting 31-3-85, at which time Regulation 58(5) applied. Even if the termination of employment took place before the amendment, the amounts were settled afterwards.
Decision 14045
Full Text of Decision 14045
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
effective date of proviso |
|
Summary:
Refer to: A-0770.87
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
awards |
as income |
|
| umpires |
grounds of appeal |
capricious finding |
meaning |
Decision A-0770.87
Full Text of Decision A-0770.87
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
effective date of proviso |
|
Summary:
Dismissed 10-84; Regulations amended 3-85; award granted 9-85. Regulations prior to 31-3-85 exempted that amount but he only received it in 12-85. It clearly was earnings. At the time it was paid, new Regulations in effect. Upheld by FC.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
awards |
as income |
|
| umpires |
grounds of appeal |
capricious finding |
meaning |
Decision 14446
Full Text of Decision 14446
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
effective date of proviso |
|
Summary:
According to CÔTÉ, the right to benefits is established by weekly reports; if the report is amended, this must be taken into account [in the next report]. The date of payment of the amount determines the applicable legislation.
Decision 14231
Full Text of Decision 14231
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
effective date of proviso |
|
Summary:
Pursuant to collective agreement, 5 days' vacation pay to be paid at end of school year in June. The practice established by School had been to pay vacation pay due in June on 15-3. The regulations as amended 31-3-85 are to be applied.
Decision 12399
Full Text of Decision 12399
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
effective date of proviso |
|
Summary:
Refer to: A-0508.86
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
vacation pay |
as income |
|
Decision A-0508.86
Full Text of Decision A-0508.86
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
effective date of proviso |
|
Summary:
A vacation pay paid after the effective date of amended Regulations is subject to the amended Regulations even though earned prior to this. This is not giving the amendment a retroactive effect.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
vacation pay |
as income |
|
Decision 12394
Full Text of Decision 12394
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
effective date of proviso |
|
Summary:
Refer to: A-0513.86
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| federal court |
renunciation of recourse |
|
|
Decision 12263
Full Text of Decision 12263
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
effective date of proviso |
|
Summary:
Refer to: A-0448.86
Decision A-0513.86
Full Text of Decision A-0513.86
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
effective date of proviso |
|
Summary:
Dismissed prior to the amendment of the Regulations but monies for wrongful dismissal awarded after the amendement. Support found in COTE and BOURDEAU: monies are to be allocated from the effective date of the amended Regulations.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| federal court |
renunciation of recourse |
|
|
Decision A-0448.86
Full Text of Decision A-0448.86
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
effective date of proviso |
|
Summary:
Change of Regulations 31-3-85. Claimant had been dismissed prior to that date. Damages awarded to him after 31-3-95. COTE and BOURDEAU referred to. Monies to be allocated from the date the new Regulations came into effect.
Decision A-0099.86
Full Text of Decision A-0099.86
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
effective date of proviso |
|
Summary:
Employment terminated 21-12-84. Damages for dismissal awarded 14-5-85. Change of Regulations 31-3-85. COTE applies. After the amendment, claimant no longer met the conditions for obtaining benefits. Leave to appeal to SC dismissed.
Decision 11738
Full Text of Decision 11738
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
effective date of proviso |
|
Summary:
Refer to: A-0099.86
Decision A-0178.86
Full Text of Decision A-0178.86
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
effective date of proviso |
|
Summary:
The establishement of a benefit period does not create a right to receive benefits. Other conditions must be met. The legislative amendments that occur during the benefit period must be taken into account. Leave to appeal denied by SC.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
charter |
|
|
| basic concepts |
eligibility to benefits |
|
|
| board of referees |
legislative authority |
acquired rights |
|
| earnings |
pension |
charter |
|
Decision 11001
Full Text of Decision 11001
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
effective date of proviso |
|
Summary:
Amendments to reg. 57 and 58 that may have supported the claimant's position did not come into effect until 5-9-82. The operative law is that which is in existence at the time of filing of a claim, here 12-3-82.
Decision 10600
Full Text of Decision 10600
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
effective date of proviso |
|
Summary:
It is a general principle of law that statutes do not apply retroactively unless they are expressly declared by the legislature to have this effect. There is no such express declaration in the Charter.
Decision A-0823.82
Full Text of Decision A-0823.82
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
effective date of proviso |
|
Summary:
Minimum insurable hours of work in a week changed from 20 to 15 in 1-81. Claim filed in 4-81 with qualifying period in 1980. Entitlement governed by legislation as it stood in 4-81. This means weeks of 15 hours' work or more are insurable even if in 1980.
Decision A-0458.81
Full Text of Decision A-0458.81
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
effective date of proviso |
|
Summary:
Claimant engaged in uninsurable employment at time when there was provision treating it as insurable employment for the purposes of eligibilty for maternity benefits. Claim made after provision repealed.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| basic concepts |
insurability |
applicability |
|
Decision A-0235.81
Full Text of Decision A-0235.81
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
effective date of proviso |
|
Summary:
Claimant engaged in uninsurable employment at time when there was provision treating it as insurable employment for the purposes of eligibility for maternity benefits. Claim made after provision repealed. No vested right.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
legislative authority |
acquired rights |
|
Decision A-0129.81
Full Text of Decision A-0129.81
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
effective date of proviso |
|
Summary:
As the appeal to Umpire was commenced 5-2-80, i.e. before s.80 coming into force 1-5-80, the appeal was not restricted to the grounds set out in the new s.80 but was a plenary appeal as provided in earlier s.80.
Decision S-0392.78
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
effective date of proviso |
|
Summary:
Earlier termination of the benefit period under the amended clause does not apply to claimant and termination under the former clause has been revoked. Under the Interpretation Act, the privilege he was enjoying continues but not any longer than as it existed before. [p.9-11]
The new provisions provide for termination of the benefit period when claimant attains 65 and the statute clearly assumes this event will be in the future. This did not apply to claimant having attained 65 prior to the amendment date. [p._8]
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| reconsideration of claim |
errors by Commission |
not a ground of entitlement |
|
| reconsideration of claim |
authority to review |
new facts vs reconsideration |
|
| board of referees |
jurisdiction |
priority of law |
|
| reconsideration of claim |
errors by Commission |
legal remedy |
|
| board of referees |
rules of construction |
intent and object |
|
Decision A-0392.78
Full Text of Decision A-0392.78
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
effective date of proviso |
|
Summary:
Earlier termination of the benefit period under the amended clause does not apply to claimant and termination under the former clause has been revoked. Under the Interpretation Act, the privilege he was enjoying continues but not any longer than as it existed before. [p.9-11]
The new provisions provide for termination of the benefit period when claimant attains 65 and the statute clearly assumes this event will be in the future. This did not apply to claimant having attained 65 prior to the amendment date. [p._8]
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
jurisdiction |
priority of law |
|
| reconsideration of claim |
errors by Commission |
legal remedy |
|
| board of referees |
rules of construction |
intent and object |
|
| reconsideration of claim |
errors by Commission |
not a ground of entitlement |
|
| reconsideration of claim |
authority to review |
new facts vs reconsideration |
|
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 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 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 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 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-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 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 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 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 |
|
Decision 41132
Full Text of Decision 41132
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
legal presumption |
|
Summary:
BOR ruled that there was no emergency situation or significant changes in working conditions that justified voluntary leaving. The Act does not require that it be an emergency situation that leads to separation from employment as a result of significant changes in working conditions. BOR must deal with the Act as written and cannot insert its own amendments.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
significant change in salary |
|
| voluntarily leaving employment |
legislation |
rationale |
|
| voluntarily leaving employment |
working conditions |
change |
|
Decision A-0527.85
Full Text of Decision A-0527.85
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
legal presumption |
|
Summary:
The effect of a legal presumption [monies paid for wrongful dimissal are earnings under s. 57 and 58] cannot be destroyed by referring to a conjecture or an opinion based on experience [in order to exclude intangibles from earnings].
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
awards |
as income |
|
Decision 40243
Full Text of Decision 40243
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
official wordings differ |
|
Summary:
BOR in its decision to find falsity used the words "knowingly or should have known". Umpire found those words neutralized the word "knowingly" and ruled that BOR erred in adopting them as they do not meet the test according to the legislative provisions to determine falsity.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| penalties |
knowingly |
|
|
| board of referees |
errors in law |
meaning of a term |
|
Decision A-0366.94
Full Text of Decision A-0366.94
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
official wordings differ |
|
Summary:
The only basic factor in ss. 43(2) is the time spent. First, this is what the French version says unequivocally, the ambiguous English phrase "so minor in extent" having to be read within the confines of the unambiguous French words "il y consacre si peu de temps".
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
minor in extent |
|
|
| week of unemployment |
rationale |
|
|
Decision 24632
Full Text of Decision 24632
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
official wordings differ |
|
Summary:
Refer to: A-0366.94
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
off-season |
|
|
| week of unemployment |
minor in extent |
|
|
| week of unemployment |
rationale |
|
|
Decision 21626
Full Text of Decision 21626
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
official wordings differ |
|
Summary:
It is clear that the French version contains an error. This is the interpretation that must be given to these texts. This position agrees with that taken by the Supreme Court in CLARKE: resort may be had to the true meaning consistent with its objectives.
Decision 20398
Full Text of Decision 20398
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
official wordings differ |
|
Summary:
English and French ss. 57(6) differ. The English version uses the more limited concept "farming" while the French speaks of "agriculture". Both are equally authoritative. In such a case, the interpretation that is most in keeping with the purpose of the provision is to be chosen.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
farming |
definition |
|
| earnings |
farming |
calculation of income |
|
Decision 15556
Full Text of Decision 15556
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
official wordings differ |
|
Summary:
Disparaty between the English and French versions in Quebec's Real Estate Brokerage Act. In federal law, both versions have the same authority. In this case, the Quebec rules of interpretation must prevail; the French text prevails.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
real estate salespersons |
|
|
Decision A-0869.87
Full Text of Decision A-0869.87
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
official wordings differ |
|
Summary:
In VIGNEAULT and GIROUX, this Court has held that such an interpretation (that the words "in respect of" qualified only the word "policy" and not "agreement") is not to be followed since it is not sustainable in the light of both English and French versions.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
vacation pay |
in any other case |
|
Decision A-0527.87
Full Text of Decision A-0527.87
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
official wordings differ |
|
Summary:
According to judge Stone in VENNARI, it is not necessary that the sums paid pursuant to a collective agreement refer to the termination of employment for being exempted. Matter wrongly decided because decision was based exclusively on the English wording. The French wording is clear.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
charter |
|
|
| earnings |
vacation pay |
trust fund |
|
| earnings |
vacation pay |
quebec construction decree |
|
Decision A-0003.87
Full Text of Decision A-0003.87
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
official wordings differ |
|
Summary:
This is not a case where an error was made in the French text of the Regulations. The only possible interpretation of the French version is easily reconcilable with the English version, whose meaning it clarifies. Consequently, the interpretation given in VENNARI must be rejected.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
vacation pay |
as income |
|
Decision 14611
Full Text of Decision 14611
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
official wordings differ |
|
Summary:
Even if I came to the conclusion that the French version has a broader meaning than the English one, I must go by the most restrictive meaning since it would represent the meaning common to both versions, thus favouring consistent interpretation throughout the country. [p. 5]
Decision 13468
Full Text of Decision 13468
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
official wordings differ |
|
Summary:
French and English versions not equivalent. Interpretation technique by which version with narrower meaning is only one to be applied, since it necessarily represents the common meaning, is the best possible approach in this case.
Decision A-0055.86
Full Text of Decision A-0055.86
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
official wordings differ |
|
Summary:
English and French wording of legislation differs: severance vs «cessation définitive». The Umpire gave the interpretation which was as consistent with the English as with the French version of this provision. The argument assuming there is an error in French while English is correct is dismissed.
Decision 11626
Full Text of Decision 11626
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
official wordings differ |
|
Summary:
Refer to: A-0055.86
Decision T-2420.83
Full Text of Decision T-2420.83
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
official wordings differ |
|
Summary:
In view of this confusion, I prefer to rely on the more consistent version, which is the English text, in which the same word "otherwise" is used in each of the 3 provisions in question. [s. 37 and 38]
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
awards |
liability to repay ui |
|
Decision A-0483.76
Full Text of Decision A-0483.76
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
official wordings differ |
|
Summary:
Examines the distinction between the French and English versions of Reg. 172(3.2), now 57(5): "employed by any other employer" and "au service d'un autre employer"; a plan is not completely portable unless it is maintained when an employee becomes employed by any other employer whatsoever.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
wage-loss indemnity |
group plan |
|
Decision 19676A
Full Text of Decision 19676A
summary
| 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
summary
| 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
summary
| 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.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
pension |
as income |
|
Decision 15442
Full Text of Decision 15442
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
specific clause |
|
Summary:
Refer to: A-0777.88
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
pension |
as income |
|
Decision 10687
Full Text of Decision 10687
summary
| 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 |
|
|
