Ying v. Canada ( Attorney General )
A-101-98
Strayer J.A.
3/11/98
2 pp.
Application for judicial review of Umpire's decision disallowing unemployment benefits on basis of continuity of applicant's employment-Application allowed (Isaac C.J. dissenting)-Gauthier v. Canada (Employment and Immigration Commission), [1995] F.C.J. 1350 (C.A.) and Canada (Attorney General) v. Hann, [1997] F.C.J. No. 1641 (C.A.) distinguished-No continuity of employment here-Termination of claimant's term contract of employment on June 30, 1996 and next contract did not begin until August 26, 1996-Evidence also indicating not contractually entitled to any pay in respect of period-Fact signed contract in June for employment commencing in August not meaning continuously employed in meantime-Employment Insurance Regulations, s. 33(2)(a) allowing for benefits in such circumstances if "claimant's contract of employment for teaching has terminated"-Gauthier and Hann distinguished because Court in both cases, on basis of record before it, able to conclude that by operation of law, no interval between claimant's successive contracts of employment-Employment Insurance Regulations, SOR/96-332, s. 33(2)(a).