Moyer v. Minister of Employment and Immigration, (1981) 41 N.R. 244 (FCA)

JudgeHeald and Ryan, JJ. and MacKay, D.J.
CourtFederal Court of Appeal (Canada)
Case DateSeptember 28, 1981
JurisdictionCanada (Federal)
Citations(1981), 41 N.R. 244 (FCA)

Moyer v. MEI (1981), 41 N.R. 244 (FCA)

MLB headnote and full text

Moyer v. Minister of Employment and Immigration

(No. A-97-81)

Indexed As: Moyer v. Minister of Employment and Immigration

Federal Court of Appeal

Heald and Ryan, JJ. and MacKay, D.J.

October 1, 1981.

Summary:

A teacher applied for maternity leave benefits under s. 30(1) of the Unemployment Insurance Act. The Unemployment Insurance Commission denied the claim; the teacher appealed. A Board of Referees allowed the appeal. The Minister of Employment and Immigration appealed. An Umpire appointed under the Unemployment Insurance Act allowed the appeal and denied the claim. The teacher applied to set aside the decision of the Umpire. The Federal Court of Appeal allowed the application and referred the matter back to the Umpire.

Unemployment Insurance - Topic 1622

Claims - Entitlement - Period of insurable employment - A teacher was on leave without pay for three months, ending with the end of the school term in June - She resumed teaching in September until she went on maternity leave in April - She applied for maternity leave benefits under s. 30(1) of the Unemployment Insurance Act, S.C. 1970-71-72, c. 48 - The Federal Court of Appeal held that the teacher received her usual remuneration during the holiday months of July and August and therefore had the necessary ten weeks of insurable employment - See paragraphs 2 to 7.

Words and Phrases

Ten weeks of insurable employment - The Federal Court of Appeal discussed the meaning of the phrase "ten weeks of insurable employment" as found in s. 30 (1) of the Unemployment Insurance Act, S.C. 1970-71-72, c. 48 - See paragraphs 2 to 7.

Cases Noticed:

Petts et al. v. The Umpire Sub. nom. Re Petts and the Alberta Teachers' Association, [1974] 2 F.C. 225; 6 N.R. 346, folld. [para. 4].

Dick et al. v. Deputy Attorney General of Canada, [1980] 2 S.C.R 243; 32 N.R. 552, consd. [para. 4, fn. 2].

Statutes Noticed:

Unemployment Insurance Act, S.C. 1970-71-72, c. 48, sect. 3(1)(a) [paras. 2; 7]; sect. 21(2) [para. 6; fn. 3]; sect. 30(1) [paras. 2 to 3; 7; fn. 1].

Counsel:

David K.L. Starkman, for the applicant;

Michael W. Duffy, for the respondent.

This application was heard before HEALD and RYAN, JJ., and MacKAY, D.J., of the Federal Court of Appeal, at Toronto, Ontario, on September 28, 1981. The decision of the Court of Appeal was delivered by HEALD, J., at Toronto, Ontario, on October 1, 1981.

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