Canada ( Attorney General ) v. Lalonde
A-378-96
Décary J.A.
10/10/96
5 pp.
Application for judicial review of Umpire's decision certain payments received by claimant following automobile accident pursuant to Ontario's no-fault benefits legislation not payments "has received or, on application, is entitled to receive from motor vehicle accident insurance provided under or pursuant to a provincial law in respect of the actual or presumed loss of income from employment due to injury" within meaning of Unemployment Insurance Regulations, s. 57(2)(d)-Application allowed-Respondent living in Ontario, automobile accident taking place in Ontario-Parliament intended to take compensation for lost wages to which claimant entitled under provincial legislation into account in calculating benefits payable under Unemployment Insurance Act-S. 57(2)(d) not concerned with form of government intervention: as long as payment made to claimant under scheme of motor vehicle insurance regulated by provincial government providing for payment of benefits for loss of wages, benefits paid constituting earnings for purposes of that provision, provided other requirements thereof met-Application of Gall v. Canada, [1995] 2 F.C. 413 (C.A.), in which Chief Justice pointed out in obiter benefits paid under Ontario Regulation, s. 12 paid "in respect of the actual or presumed loss of income from employment" within meaning of s. 57(2)(d)-Unemployment Insurance Regulations, C.R.C., c. 1576, s. 57(2)(d).