Canada ( Attorney General ) v. Chinook
A-117-97
Marceau J.A.
15/1/98
5 pp.
Application to set aside umpire's decision concerning respondent's benefit period under Unemployment Insurance Act-Respondent applied for benefits on October 9, 1990, day of termination of employment-Commission established benefit period effective October 7, 1990-Period to terminate 50 weeks later-In July 1993, long-standing action for damages for wrongful dismissal settled out of court by cash payment to claimant of $10,500-Because of late payment, interruption of earnings considered as having occurred only on November 19, 1990-Date coinciding with coming into force of amendment to Act-Commission reducing entitlement period to 41 weeks from 50, resulting in overpayment of $3,659-Umpire rejecting Commission's ruling previously confirmed by Board of Referees-Establishment of benefit period in favour of claimant not giving him vested right to benefits-Right to benefits becomes vested upon filing of each bi-weekly claim establishing necessary conditions met-Benefit period established before being replaced-Umpire right in spite of weaknesses in reasoning-Parliament, having used word "established", not "commenced" in transitional provision, focused on role of Commission, not on length or beginning of time of payment-Benefit period "established" in favour of respondent effective October 7, 1990 before provisions determining length repealed-Application dismissed-Unemployment Insurance Act, R.S.C., 1985, c. U-1 (as am. by S.C. 1996, c. 23, s. 155)-An Act to amend the Unemployment Insurance Act and the Employment and Immigration Department and Commission Act, S.C. 1990, c. 40, s. 56.