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Constitutional law 2005 SCC 56

Reference re Employment Insurance Act (Can.), ss. 22 and 23

The Supreme Court of Canada held that ss. 22 and 23 of the Employment Insurance Act are valid federal unemployment insurance provisions providing income replacement during pregnancy and parental leave.

  • Unemployment insurance
  • Maternity benefits
  • Parental benefits
  • Division of powers
  • Pith and substance doctrine
  • Unemployment-insurance
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Employment law 2004 FCA 241

Battista v. Canada (Attorney General)

The Board reasonably and correctly concluded the applicant participated in the labour dispute based on strike support payments, union solidarity, absence from work and union involvement in ESO negotiations; participation disentitled him to EI benefits under s.36(1) and the Umpire properly dismissed the appeal and denied reconsideration for lack of new facts or material error.

  • Unemployment insurance
  • Labour dispute
  • Participation in strike
  • Essential services order
  • Judicial review of administrative decision
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Administrative law 2003 FCA 198

Vezina v. Canada (Attorney General)

Availability for unemployment insurance is an objective requirement; the Umpire rightly found the applicant not sufficiently available for work given the personal restrictions he imposed by returning to school, and was entitled to intervene because the Board of Referees erred in law.

  • Unemployment insurance
  • Availability for work
  • Judicial review
  • Decision of umpire
  • Board of referees
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Employment law C24710

Schweneke v. Ontario

The Umpire's decision satisfied the requirements for issue estoppel (same issue, finality, same parties) because he made definitive factual findings that the appellant worked for both Ontario and German entities and received duplicate travel payments; the appellant had adequate notice and opportunity to litigate those facts before the Board and the Umpire and did not show that procedural shortcomings produced an injustice sufficient to displace the estoppel; the discharge at the criminal preliminary inquiry did not decide the same issue and therefore does not negate the estoppel; accordingly…

  • Issue estoppel
  • Constructive dismissal
  • Unemployment insurance
  • Preliminary inquiry
  • Procedural fairness
  • Fresh evidence
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Constitutional law [1992] 2 SCR 679

Schachter v. Canada

The Supreme Court of Canada held that s. 52 requires invalidity for the underinclusive benefit, while s. 24(1) did not authorize extending benefits by order.

  • Equality rights
  • Remedies
  • Reading-in
  • Severance
  • Suspension of declaration
  • Unemployment insurance
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Administrative law [1991] 2 SCR 22

Tétreault-Gadoury v. Canada

Tétreault-Gadoury v. Canada (Employment and Immigration Commission)

The Supreme Court held that the Board of Referees lacked jurisdiction to finally decide the Charter issue, and that the age-based UI exclusion violated s. 15.

  • Age discrimination
  • Charter s.15 equality
  • Administrative tribunal jurisdiction
  • Unemployment insurance
  • Federal court appellate jurisdiction
  • Age-discrimination
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Insurance [1991] 1 SCR 48

Caron v. Canada

Caron v. Canada (Employment and Immigration Commission)

The Supreme Court held that the labour-dispute stoppage ended on 1986-03-29, when the agreement was signed and some workers returned, making benefits payable from then.

  • Unemployment insurance
  • Labour disputes
  • Statutory interpretation
  • Work stoppage
  • Unemployment-insurance
  • Labour-disputes
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Constitutional law [1989] 1 SCR 1219

Brooks v. Canada Safeway Ltd.

La Cour suprême conclut qu’un régime d’assurance qui exclut les femmes enceintes pendant 17 semaines est discriminatoire et constitue une discrimination fondée sur le sexe.

  • Sex discrimination
  • Pregnancy discrimination
  • Employee benefit plans
  • Unemployment insurance
  • Equality rights
  • Sex-discrimination
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Administrative law [1980] 2 SCR 243

Dick et al. v. Deputy Attorney General of Canada

The Supreme Court of Canada held that teachers who left work mid-year were still entitled to pregnancy benefits for July, because the adjustment payment covered only services already performed.

  • Unemployment insurance
  • Maternity/pregnancy benefits
  • Separation from employment
  • Salary allocation
  • Statutory and regulatory interpretation
  • Unemployment-insurance
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Constitutional law [1974] SCR 1046

The Queen v. Scheer Ltd.

The Supreme Court of Canada held that Regulation 64B under the Unemployment Insurance Act was valid and could include certain non-contract-of-service employment.

  • Regulation validity
  • Unemployment insurance
  • Meaning of "employment"
  • Delegated legislation
  • Unemployment-insurance
  • Statutory-interpretation
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.