Canada ( Attorney General ) v. Rutherford
A-241-94
Strayer J.A.
1/3/95
5 pp.
Appeal from Umpire's decision upholding Board of Referees' finding certain monies paid to claimant pursuant to Alberta Workers' Compensation legislation not constituting earnings for purposes of U.I. application -- Following industrial accident injury, claimant paid sum of money in full satisfaction of Workers' Compensation Board obligations and signing release to same effect -- Money spent by claimant for purposes of retraining -- Upon application for U.I. benefits, Commission ruling sum of money constituting earning -- Board of Referees allowing appeal on grounds sum of money constituting "permanent settlement workers' compensation payment" and thus excluded from earnings pursuant to Regulation, s. 57(3)(a) -- Umpire upholding Board of Referees' decision -- Attorney General alleging error of law in interpretation of words "permanent settlement workers' compensation payment": expression implicitly containing word "injury" and should be read as "permanent injury settlement workers' compensation payment" -- No reason to conclude word "permanent" modifying any other word than "settlement" appearing immediately following it -- Plain reading of English version and common English syntax strengthening this conclusion -- In French version, word "règlement" clearly modified by adjective "définitif" -- Difficult to avoid conclusion sum of money constituting "permanent settlement" having regard to terms of release -- Application dismissed -- Unemployment Insurance Regulations, C.R.C., c. 1576, s. 57(3)(a) (as am. by SOR/86-58, s. 1).