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Decision 65591 Full Text of Decision 65591

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts qualifying period extension incarcerated
Summary:

The claimant had been unable to work because of his commitment to the criminal court not to enter Ontario. The Board of Referees recognized that the claimant had not been incarcerated, but nonetheless found that the limitation on his movements imposed by the Court could qualify him for an extension of his qualifying period. The Umpire stated that there was no evidence that the claimant had been "confined in a jail, penitentiary or other similar institution" as stipulated in paragraph 8(2)(b) of the Act. He restored the Commission's ruling.


Decision 23987 Full Text of Decision 23987

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts qualifying period extension incarcerated
Summary:

Claimant was arrested and charged with a criminal offence in the state of New Jersey. He spent 3 weeks in jail. He then was granted bail on the condition that he surrender his passport and that he restrict travel to the state of New Jersey. The Board erred in law in equating bail to incarceration.


Decision A-1393.92 Full Text of Decision A-1393.92

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts qualifying period extension incarcerated
Summary:

Immigrant who left Canada on business. His passport expired while in China. He was then confined to a city, had to report to Chinese authorities on a daily basis in addition to performing some work for them. Returned after 14 months. As per GARLAND, institution need not be restricted to a building.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority purpose of ui system
board of referees rules of construction context and titles

Decision 21630 Full Text of Decision 21630

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts qualifying period extension incarcerated
Summary:

Refer to: A-1393.92

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority purpose of ui system
board of referees rules of construction context and titles

Decision 17332 Full Text of Decision 17332

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts qualifying period extension incarcerated
Summary:

Claimant went to Lebanon in search of his parents. He was taken hostage by an unidentified political party and held in an underground cell. There is no way he can prove this. His inability to do so renders him incapable of relying upon the extension provisions.


Decision A-1132.84 Full Text of Decision A-1132.84

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts qualifying period extension incarcerated
Summary:

Reg. 55 exempts inmates physically released from prison for certain purposes. In light of this and s.32, ss.7(2) must include those prisoners who, while not still remaining in physical confinement, are still within the class of inmates. [p. 11-12] Released from jail on Temporary Absence on the specific condition that he reside and work on parents' farm. He thus completed his sentence outside institution subject to many conditions.

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

Decision 09611 Full Text of Decision 09611

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts qualifying period extension incarcerated
Summary:

Left work to go on extended vacation. Found to be an illegal alien while visiting. Under 18(2), one must prove he was not employed for one of 4 reasons, in other words, that but for such alleged confinement he would have been working. No evidence he hadany work to come back to. While visiting another country, claimant was found to be an illegal alien and was advised not to leave until his situation was cleared up by immigration. The Board erred in equating the refusal of the authorities to permit him to leave the island to a detention in an institution.

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