Canada ( Attorney General ) v. Donachey
A-411-96
MacGuigan J.A.
8/5/97
4 pp.
Application for judicial review of Umpire's decision unemployment insurance benefits should be paid to teacher on year's unpaid leave of absence-Application allowed-Case governed by Canada (Attorney General) v. Taylor (1991), 81 D.L.R. (4th) 679 (F.C.A.), unaccountably not drawn to Umpire's attention, holding unemployment insurance benefits for teacher absent from work through illness should not be paid for non-teaching vacation periods because of provisions of Unemployment Insurance Regulations, s. 46.1(2)(a)-Applicant herein, on one-year leave of absence, clearly continued to be employed by Board and had right to return at end of year, and so does not qualify for exception (termination of contract of employment)-S. 46.1(2)(a) fully authorized by Act, s. 44(h)-State of law illogical: makes no sense to deny teacher, on year's unpaid leave of absence, unemployment insurance benefits only for usual teachers' vacation weeks while allowing benefits for every other week in year, as here-Court expressing hope s. 46.1(2)(a) will be amended before it comes before Court again-Unemployment Insurance Regulations, C.R.C., c. 1576, s. 46.1(2)(a)-Unemployment Insurance Act, R.S.C., 1985, c. U-1, s. 44(h).