EMPLOYMENT INSURANCE |
Canada (Attorney General) v. Szczech
A-145-04
2004 FCA 366, Evans J.A.
28/10/04
6 pp.
Judicial review of umpire's decision (CUB 59682), dated November 7, 2003, that respondent eligible for employment insurance benefits--To be eligible for benefits, person committing violation in 260 weeks prior to claim requiring additional insurable hours--Respondent claiming benefits more than 260 weeks after violation, but less than 260 weeks after Employment Insurance Commission issued notice of violation--Whether 260-week period running from date of violation, or date notice of violation issued--Words "accumulates a violation" in Employment Insurance Act, s. 7.1(1), defined in s. 7.1(4)--Act, s. 7.1(4) making it clear claimant "accumulates a violation" when notice of violation issued--Notice of violation thus determining date when 260-week period commences--To conclude otherwise contrary to Parliament's intention--Canada (Attorney General) v. Geoffroy (2001), 273 N.R. 372 (F.C.A.); Canada (Attorney General) v. Limosi, [2003] 4 F.C. 481 (C.A.) distinguished-- Respondent ineligible for benefits when claim made-- Application allowed--Employment Insurance Act, S.C. 1996, c. 23, ss. 7.1(1),(4).