Canada ( Attorney General ) v. Cloutier
A-592-92 / A-593-92 / A-595-92 / A-596-92
Hugessen J.A.
24/2/93
14 pp.
Applications to review and set aside four decisions of Umpire regarding seasonal work done by four claimants for Department of Transport -- Worked continuously and without interruption five days a week from November 16, 1989 to March 28, 1990 -- Worked for entire period in question in "insurable employment" within meaning of Unemployment Insurance Act, s. 3 -- Under Act, s. 6, in order to receive unemployment insurance benefits claimants needed 20 weeks of insurable employment -- Period of employment consisted of 18 complete weeks and two part weeks, totalling 20 weeks -- For each of these two part weeks claimants did not work for less than 15 hours and did not receive less than 20 per cent of weekly insurable earnings, in accordance with Unemployment Insurance Regulations, s. 13(1) -- Insurable employment held for number of calendar weeks cannot be insurable employment for lesser number of weeks of insurable employment -- Interpretation suggested by claimants in accordance with Act and case law-Provisions relied on by applicant do not support her argument number of weeks of insurable employment for purposes of establishing eligibility for benefits under s. 6 must be calculated otherwise than in accordance with definition of "week" in Act, s. 2 -- Applications dismissed -- Unemployment Insurance Act, R.S.C., 1985, c. U-1, ss. 2, 3, 6 -- Unemployment Insurance Regulations, C.R.C., c. 1576, s. 13(1) (as am. by SOR/80-805, s. 1).