Canada (Attorney General) v. Vasiliadis

Canada (Attorney General) v. Vasiliadis Court (s) Database Federal Court of Appeal Decisions Date 2002-06-13 Neutral citation 2002 FCA 262 File numbers A-499-01 Notes Digest Decision Content Date: 20020613 Docket: A-499-01 Neutral citation: 2002 FCA 262 CORAM: LINDEN J.A. ROTHSTEIN J.A. SHARLOW J.A. BETWEEN: THE ATTORNEY GENERAL OF CANADA Applicant and STEVE VASILIADIS Respondent Heard at Toronto, Ontario, on June 13, 2002. Judgment delivered from the Bench at Toronto, Ontario, on June 13, 2002. REASONS FOR JUDGMENT BY: ROTHSTEIN J.A. Date: 20020613 Docket: A-499-01 Neutral citation: 2002 FCA 262 CORAM: LINDEN J.A. ROTHSTEIN J.A. SHARLOW J.A. BETWEEN: THE ATTORNEY GENERAL OF CANADA Applicant and STEVE VASILIADIS Respondent REASONS FOR JUDGMENT (Delivered from the Bench at Toronto, Ontario on June 13, 2002) ROTHSTEIN J.A. [1] The issue in this application for judicial review from a decision of an Umpire is whether the two-week waiting period provided in section 13 of the Employment Insurance Act, S.C. 1996, c. 23, applies in the case of special benefits - in this case, parental benefits. Section 13 provides: 13. A claimant is not entitled to be paid benefits in a benefit period until, after the beginning of the benefit period, the claimant has served a two week waiting period that begins with a week of unemployment for which benefits would otherwise be payable. 13. Au cours d'une période de prestations, le prestataire n'est pas admissible au bénéfice des prestations tant qu'il ne s'est pas écoulé, à la suite de l'ouverture de cette période de prestations, un délai de carence de deux semaines qui débute par une semaine de chômage pour laquelle des prestations devraient sans cela être versées. [2] The Umpire found that section 13 did not apply in the case of special benefits. We are unable to agree. Section 13 is unqualified. It applies to all benefits unless expressly excluded by some other provision of the Act. Provisions such as subsection 23(5), enacted after the relevant time in this case, and subsection 22(4) of the Act and subsection 40(6) of the Employment Insurance Regulations, SOR 96/3-22, in respect of maternity benefits, appear to be exceptions to the general rule under section 13. However, they are not applicable here. [3] The two-week waiting period was applicable to the respondent. The application will be allowed and the matter remitted to the Chief Umpire for disposition in accordance with these reasons. "Marshall Rothstein" J.A. FEDERAL COURT OF CANADA Names of Counsel and Solicitors of Record DOCKET: A-499-01 STYLE OF CAUSE: THE ATTORNEY GENERAL OF CANADA Applicant - and - STEVE VASILIADIS Respondent DATE OF HEARING: THURSDAY, JUNE 13, 2002 PLACE OF HEARING: TORONTO, ONTARIO REASONS FOR JUDGMENT: ROTHSTEIN J.A. DELIVERED: FROM THE BENCH AT TORONTO, ONTARIO ON THURSDAY, JUNE 13, 2002. DATED: JUNE 13, 2002 APPEARANCES BY: Mr. Derek Edwards For the Applicant Mr. Steve Vasiliadis For the Respondent (on his own behalf) SOLICITORS OF RECORD:Morris Rosenberg Deputy Attorney General of Canada For the Applicant Mr. Steve Vasiliadis 4505 Centre Lake Drive Windsor, Ontario N9G 2R1 For the Respondent (on his own behalf) FEDERAL COURT OF APPEAL Date: 20020613 Docket: A-499-01 BETWEEN: THE ATTORNEY GENERAL OF CANADA Applicant - and - STEVE VASILIADIS Respondent REASONS FOR JUDGMENT