Dupuis-Johnson v. Canada ( Employment and Immigration Commission )
A-511-95
Marceau J.A.
11/6/96
6 pp.
Motions for judicial review of Umpire's decision-Applicants teachers employed on term basis-Contracts for 1992-1993 school year terminated 1/7/93-Receiving unemployment insurance benefits during school summer vacation-Rehired in fall, one to provide number of lessons, the other part-time-Issue whether, in light of Unemployment Insurance Regulations, s. 46.1, two applicants excluded from benefits during Christmas, Easter, March break vacation periods-Commission declaring them ineligible for benefits during these vacation periods, but Board of Referees quashing decision-Umpire repudiating Board of Referees' conclusion on ground, following 1990 amendment, no longer room for doubt all vacation periods during year contemplated, as Parliament's objective to avoid payment of benefits to people not unemployed, receiving compensation calculated to reflect days not worked-Motions dismissed-Applicants' submissions based on wording of provision untenable as based on indefensible refusal to use words' plain grammatical meaning-Submission based on temporary nature of contract also untenable as irrelevant to problem whether Regulations, s. 46.1 covering more than one vacation period-Furthermore, rational analysis of s. 46.1(2) leading to conclusion applicants covered by s. 46.1(2)(a), especially as employment as teachers, temporary and precarious as contracts were in 1992-1993 and 1993-1994, exercised in continuous, predetermined way, not on occasional or substitute basis within meaning of s. 46.1(2)(b)-Unemployment Insurance Regulations, C.R.C., c. 1576, s. 46.1 (as am. by SOR/90-756, s. 12).