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A-116-79
Attorney General of Canada (Applicant)
v.
Yvette Lévesque (Respondent)
Court of Appeal, Pratte and Heald JJ. and Lalande D.J.—Montreal, March 23, 1981.
Judicial review — Unemployment insurance — Application to review and set aside Umpire's decision to allow respondent's initial claim for benefits — Prior to December 4, 1977, a claimant was entitled pursuant to s. 17 of the Unemployment Insurance Act, 1971, to establish a benefit period after eight weeks of insurable employment — On December 4, 1977, s. 17 was amended to provide for ten weeks of insurable employ ment — Respondent filed her claim on December 5, 1977, her last day of employment having been December 2, 1977 — Whether respondent had a vested right, prior to December 4, 1977, to establish a benefit period — Unemployment Insurance Act, 1971, S.C. 1970-71-72, c. 48, as amended, ss. 17, 18(1), 20 — Federal Court Act, R.S.C. 1970 (2nd Supp.), c. 10, s. 28.
APPLICATION for judicial review. COUNSEL:
J.-M. Aubry for applicant. Y. Lévesque for herself.
SOLICITORS:
Deputy Attorney General of Canada for
applicant.
Y. Lévesque for herself.
The following is the English version of the reasons for judgment of the Court delivered orally by
PRATTE J.: This section 28 application is against a decision of an Umpire pursuant to Part V of the Unemployment Insurance Act, 1971, S.C. 1970- 71-72, c. 48.
Respondent lost her employment after working for eight weeks, from October 6 to Friday, Decem- ber 2, 1977. On the latter date section 17 of the Unemployment Insurance Act, 1971 required that, for a claimant to be entitled to establish a benefit period, he must have held insurable employment for eight weeks or more during his qualifying period. On December 4, 1977 section 17 was
amended. As of that date a claimant had to have ten weeks of insurable employment in his qualify ing period in order to be entitled to establish a benefit period.
On December 5, the day following the effective date of this amendment, respondent filed an initial claim for benefits. The Commission dismissed this claim on the ground that respondent had not held insurable employment for ten weeks, as required by the new section 17. Respondent appealed from this decision to a Board of Referees. The Board allowed the appeal, on the ground that the new legislation could not deprive respondent of a vested right. It is this decision, affirmed by the decision of the Umpire, which is the subject of this appeal.
We are all of the view that the decision of the Umpire should be quashed. He assumed that, before the new section 17 became effective, on December 4, respondent was entitled to establish a benefit period. We feel this is incorrect.
It is only necessary to read sections 17(2), 18(1) and 20 of the Act to see that, if respondent had filed a claim for benefits before December 4, that claim would have been dismissed because respond ent did not at that time have eight weeks of insurable employment in her qualifying period, since in that case the qualifying period would have ended on Sunday, November 27, when respondent had only worked for seven weeks. Respondent would only have eight weeks of employment in her qualifying period if she filed her claim for benefits after December 4: but on December 4 the Act had been amended and henceforth required ten weeks of employment.
For these reasons, the decision a quo will be quashed and the matter referred back to the Umpire to be decided by him on the assumption that respondent did not, before December 4, 1977, have a vested right to establish a benefit period.
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