Pleau v. Canada ( Employment and Immigration Commission )
A-721-95
Marceau J.A.
28/6/96
8 pp.
Application for judicial review of Umpire's decision-Applicant, employee of Domtar for several years, leaving employment on April 18, 1992, deciding to accept employer's offer of early retirement-In addition to receiving life-long monthly pension of $821.21, given lump sum amount of $45,981-Now unemployed, filing claim for unemployment insurance benefits-Claim rejected on ground had not experienced interruption of earnings, since amount of $45,981 counted as earnings within meaning of Unemployment Insurance Regulations, s. 57-Board of Referees accepting applicant's thesis payment made on account of or in lieu of pension-Umpire reversing Board as of opinion additional $45,981 payable to claimant constituting compensatory indemnity to compensate for loss of employment as result of technological changes-Distinction between separation allowance and amount on account of or in lieu of pension question of legal characterization, issue of mixed fact and law-Expression "pension" in sense of "retirement pension" evoking idea of periodic payments and replacement for wages or salary to enable employee to meet needs before leaving labour market-Lump sum payment to retiree not payment made as pension unless understood between retiree and employer amount would be converted to life annuity with periodic payments normally spread over remainder of life-Board of Referees unduly influenced by title of program, reason for its adoption, presence of two options and method by which lump sum payable calculated-Purpose of program to compensate retiree for pecuniary consequences of early retirement, not to provide for acquisition of annuity to guarantee periodic payments for rest of life-Umpire's decision justified-Application dismissed-Unemployment Insurance Regulations, C.R.C., c. 1576, s. 57.