Bruneau v. Canada ( Employment Insurance Commission )
A-113-98
Décary J.A.
4/12/98
5 pp.
Application for judicial review of Umpire's decision regarding application of Unemployment Insurance Regulations, s. 58-Court asked to specify how to allocate earnings of teacher having signed part-time teaching contract under agreement between Catholic school boards' management bargaining committee and teachers' union represented by Centrale de l'Enseignement du Québec-Teacher such as applicant, with contract taking effect August 24, 1993, and ending June 29, 1994, paid from August 24, 1993, to June 29, 1994-Whether, when allocating salary of claimant who was part-time teacher in qualifying period, salary received should be allocated to each week of employment period or only weeks in which services performed, which in case at bar would exclude weeks of Christmas and Easter holidays-Based on Supreme Court of Canada judgment in Dick et al. v. Deputy Attorney General of Canada, [1980] 2 S.C.R. 243, Commission of view s. 58(3) applied-Umpire agreed with Commission-Supreme Court's reasoning on allocation issue in Dick must not prevent clear provisions of s. 58(4) from applying to cases like case at bar-S. 58(4) applies here-Therefore, allocation over whole period, including Christmas and Easter holidays-Application allowed-Unemployment Insurance Regulations, C.R.C., c. 1576, s. 58(3) (as am. by SOR/92-164, s. 16), (4) (as am. idem).