Canada ( Attorney General ) v. Partridge
A-704-97
Décary J.A.
4/6/99
3 pp.
Application for judicial review of Umpire's decision-Respondent teacher applying for unemployment insurance benefits on June 10, 1993 subsequent to being laid off for shortage of work effective June 30, 1993-Recalled on July 12, 1993 for permanent half-time teaching assignment commencing September 7, 1993-Commission advising respondent not entitled to benefits from July 12, 1993 to September 6, 1993 as period fell within non-teaching period as defined in Unemployment Insurance Regulations, s. 46.1-Umpire finding in favour of respondent-Decision wrong in not considering applicable legislation, collective agreement-On July 12, 1993, respondent accepted employment contract retroactive to July 1, 1993-According to School Act of British Columbia, "school year" commenced on July 1, 1993, ended on June 30, 1994-According to respondent's collective agreement, annual salary paid for entire school year-To allow respondent to collect unemployment benefits from July 12, 1993 to early September would allow her to be doubly compensated for that period of time-Application allowed-School Act, S.B.C. 1989, c. 61, s. 1-Unemployment Insurance Regulations, C.R.C., c. 1576, s. 46.1 (as enacted by SOR/80-536, s. 1; 88-516, s. 1; 85-711, s. 1; 90-756, s. 12).