EMPLOYMENT INSURANCE |
Canada (Attorney General) v. Stillo
A-651-01
2002 FCA 346, Evans J.A.
25/9/02
5 pp.
Judicial review of Umpire's reversal of Board of Referees' decision (Board)--Board dismissed appeal by respondent against determination by Canada Employment Insurance Commission (Commission) that respondent overpaid $826 in benefits for certain period--Respondent employed by Peel Board of Education (Peel) as supply teacher--Terms of respondent's employment governed by collective agreement between Peel and branch of Ontario Secondary School Teacher's Federation (OSSTF)--October 27 to November 7, 1997, OSSTF withdrew services of members as protest against education legislation, Bill 160, then before Ontario Legislature--Peel informed workers not condoning illegal work stoppage by teachers--During protest, classes cancelled, no work available for respondent--Interruption of employment would have entitled respondent to employment insurance benefits, but for Commission's reliance on "labour dispute" provision in Employment Insurance Act--Umpire concluding dispute not "labour dispute" as defined in Employment Insurance Act, ss. 2(1), 36(1), as not dispute between employers and employees, or employees and employees, but as intending political pressure on provincial government-- Umpire holding Board erred in law in failing to consider issue --Umpire making no reviewable error--Whether work stoppage attributable to labour dispute, as defined in Employment Insurance Act, question of mixed fact and law-- Federal Court standard of review of Umpire's decision unreasonableness--Umpire's standard of review of Board's application of law to facts correctness--Application for judicial review dismissed--Employment Insurance Act, S.C. 1996, c. 23, ss. 2(1), 36(1).