Canada ( Attorney General ) v. MacKean
A-351-94
MacGuigan J.A.
3/5/95
4 pp.
Application to set aside Umpire's decision relating to interpretation of Unemployment Insurance Regulations, s. 57(3)(j) -- Respondent first retired from employment with Department of National Defence (DND) on weekly pension which he received while employed by another employer -- Respondent subsequently resuming employment with DND on contract for period of time before final retirement -- Regulations stipulating pension income reducing unemployment insurance benefit amount unless period of insurable employment used to qualify for benefits falling: (1) after "date on which moneys become payable"; and (2) within period in respect of which claimant received moneys -- Respondent's claim for unemployment insurance benefits reduced by amount of retirement pension pursuant to Regulations, s. 57(2)(e) -- Upon appeal, Umpire holding part of pension arising from first employment qualifying for exception and only increase attributable to second employment constituting earnings and subject to deduction from benefits-Claimants not qualifying for exception if not continuing to receive pension from first employment while working in second -- Fact pension moneys arising from first employment not implying twenty-week qualifying period falling within period in resect of which claimants received those moneys -- By accepting re-employment under contract requiring pension to be interrupted respondent bringing himself outside scope of exception -- Apparent legislative arbitrariness of such result offset in part by considerable increase in amount of original annuities claimants gaining from building on earlier pension qualification -- Application allowed- Unemployment Insurance Regulations, C.R.C., c. 1576, s. 57(2)(e) (as enacted by SOR/86-58, s. 1), (3)(j) (as enacted by SOR/87-188, s. 1).