| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| basic concepts |
ordinarily resident defined |
moving |
|
Summary:
At the time he applied for benefits, claimant had been in Ontario for 16 months and he still hoped to find other employment in Ontario. It was only subsequently, when unable to find work, that he returned to Newfoundland (6 weeks later). Test to be applied to week of claim.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| basic concepts |
ordinarily resident defined |
vs. work area |
|
Summary:
The mere fact that one has some general intention to return one day to his native province does not prevent him from being ordinarily resident in a place where he has been making his living and appears to wish to continue making his living for the foreseeable future.
Claimant argued that people from Newfoundland who go to the mainland for employment should always be considered as resident in Newfoundland because that is where they intend to return. Unfortunately the matter is not as simple as that.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| basic concepts |
ordinarily resident defined |
applicability |
|
Summary:
The Board ignored the requirement of the Regulations to apply the test to the claimant's circumstances in the week preceding the week for which he applied for benefits. I must therefore set aside the decision of the Board because of this error of law.
Strict attention must be paid to the time when one becomes entitled to apply for UI. Otherwise it would be open to claimants newly in receipt of UI and living in an area of relatively low unemployment, to move deliberately to some area of high unemploymentwith greater entitlement.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
errors in law |
misinterpretation of provision |
|
Summary:
The Board ignored the requirement of the Regulations to apply the test (ordinarily resident) to the claimant's circumstances in the week preceding the week for which he applied for benefits. I must therefore set aside the decision of the Board because of this error of law.
