Canada ( Attorney General ) v. Droege
A-576-95
Stone J.A.
17/4/96
5 pp.
Application for judicial review of Umpire's decision reversing finding of Board of Referees upholding Commission's decision respondent did not qualify for benefits-Respondent employed by Bill Dean & Associates from October 15, 1992 to August 20, 1993-Dismissed for failing to work scheduled shifts-Employed with Tom Yee Produce Inc. August 30 to December 9, 1993-Claimed benefits on basis of thirteen weeks accumulated with last employer and remainder with first employer-Application allowed-Word "employment" in Unemployment Insurance Act, s. 28(1) to be read with definition in s. 28(3) referring to "claimant's last employment immediately prior to the time his claim for benefit is made unless otherwise prescribed by regulations"-In Regulations, s. 59.1(1) "employment" refers to last employment lost by claimant by reason of own misconduct, after commencement of qualifying period-Disqualifies respondent from receiving benefits in respect of first employment-Further, s. 59.1(1) not ultra vires regulation-making power conferred by Act-Unemployment Insurance Act, R.S.C., 1985, c. U-1, s. 28-Unemployment Insurance Regulations, C.R.C., c. 1576, s. 59.1(1) (as am. by SOR/90-761, s. 17).