Canada ( Attorney General ) v. Yannelis
A-496-94
Stone J.A.
15/11/95
10 pp.
Respondent locked out by employer-Claiming unemployment insurance benefits-Benefit period established effective July 29, 1990-On November 3, 1990 receiving cheque for outstanding vacation pay-Commission allocating amount to weeks of unemployment commencing October 28-Umpire reversing Board of Referees on ground vacation pay not to be so allocated because "payable" January 1, 1990-Unemployment Insurance Regulations, s. 58(8)(b)(i) providing "vacation pay shall, when it is paid, be allocated to a number of weeks that begins with the first week for which it is payable"-"Payable" referring to when vacation pay due to claimant in sense claimant in position at law to enforce payment-Not depending on when unpaid vacation pay requested if, as matter of law, becoming payable earlier-Vacation pay debt owing to respondent as of January 1, 1990-Whether payable on that date or subsequent date depending on terms of collective agreement-Collective agreement neither creating right in respondent to be paid vacation pay on January 1, 1990 nor imposing obligation on employer to pay it as of that date-Collective agreement entitling respondent to receive, and obliging employer to grant, vacation with pay in 1990-Vacation pay which is "payable" should not escape allocation simply because claimant not requesting payment, nor should it be allocated at time happened to request payment if "payable" previously-If vacation pay "payable" before lock-out commenced on account of respondent taking annual vacation in accordance with collective agreement, but for some personal reason not paid until November 1990, then should not be allocated to weeks commencing with week in which paid, but to weeks for which payable-As unclear whether respondent taking vacation prior to lock-out but not receiving vacation pay then due, application allowed-Unemployment Insurance Regulations, C.R.C., c. 1576, s. 58(8) (as am. by SOR/89-550, s. 1).