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Canada ( Attorney General ) v. Van Der Veen

A-560-94

Hugessen J.A.

6/2/96

2 pp.

Application for judicial review of Umpire's decision confirming Board of Referees' finding, on material before them, that there had been termination of respondent's employment upon bankruptcy of his employer-Application dismissed-Even though trustee agent of bankrupt, fact remains respondent subsequently hired by trustee by virtue of new contract of employment entered into pursuant to new collective agreement concluded between union and trustee subsequent to date of bankruptcy-New employment-Payment received by respondent under Ontario Employee Wage Protection Programme therefore triggered by respondent's termination due to bankruptcy and properly allocated to weeks following date of bankruptcy-Umpire committed minor errror in viewing $4,000 payment received by respondent as being only $3,600 net of income tax deducted at source in amount of $400.

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