[2012] 1 F.C.R. D-5
Employment Insurance
Judicial review of Umpire’s decision dismissing applicant’s appeal from Board of Referees decision—Umpire holding that Employment Insurance Act, S.C. 1996, c. 23, s. 30(5) not precluding previous hours accumulated from work at second job from counting towards employment insurance benefits when claimant leaving first job without just cause—Respondent holding two jobs, voluntarily leaving first job without just cause—Eventually leaving second job—Employment Insurance Commission denying respondent’s application for benefits given that respondent not having sufficient hours of insurable employment to qualify since hours accumulated at second job before leaving employment at first job not considered—Act, s. 30(5) not model of draftsmanship, provision ambiguous—However, legislation written in both official languages—In present case, reference to French text eliminating any ambiguity found in English version—French version, read together with Act, s. 30(1), making clear that when individual voluntarily leaving employment, absent just cause, hours of insurable employment accumulated in any employment before date when person leaving employment excluded from computation for purposes of qualification for benefits—Given clarity of French version, shared meaning between English, French versions consistent with Parliament’s intent—Correctly interpreted, Act, s. 30(5) meaning that when claimant applying for benefits, insurable hours of employment accumulated in any employment prior to claimant voluntarily leaving employment excluded from calculation of insurable hours in relation to application—Umpire misinterpreting Act, s. 30(5)—Application allowed.
Canada (Attorney General) v. Trochimchuk (A-61-11, 2011 FCA 268, Layden-Stevenson J.A., judgment dated September 27, 2011, 8 pp.)