Canada ( Attorney General ) v. Thorne
A-228-94
Stone J.A.
1/12/94
4 pp.
Application for judicial review of Umpire's decision under Unemployment Insurance Act, s. 11(7)-Respondent taking fifteen weeks of maternity leave from employment as registered nurse-Child born in November 1991-Discharged from hospital on April 8, 1992, to be cared for by virtue of extramural hospital service provided under provincial law-Application for five weeks extension of parental benefits refused by Commission under s. 11(7)(a)-Decision reversed by Board of Referees, Umpire-Umpire finding extramural hospital or hospital "without walls" not home-Wrong in construction of word "home" in Act, s. 11(7)(a)-Child must have left hospital and arrived at claimant's ordinary place of residence in order for parental benefits to be payable-To construe word "home" differently would do violence to plain meaning of word in s. 11(7)(a)-Application allowed-Unemployment Insurance Act, R.S.C., 1985, c. U-1, s. 11(7)(a).