Summary of Issue: Rules Of Construction


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: Sub-Issue 2: 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: Sub-Issue 1: Sub-Issue 2: 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: Sub-Issue 1: Sub-Issue 2: 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: Sub-Issue 1: Sub-Issue 2: 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: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
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: Sub-Issue 1: Sub-Issue 2: 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: Sub-Issue 1: Sub-Issue 2: 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
Date modified: