Canada ( Attorney General ) v. St-Coeur
A-80-95
Desjardins J.A.
17/4/96
5 pp.
Application for judicial review of Umpire's decision reversing decision of board of referees, which confirmed Commission's decision respondent not entitled to receive benefits for specified period-Respondent employed by District 09 School Board in Tracadie, stopping work on September 2, 1992 because of injury-Continuing to receive full salary while on sick leave until December 2, 1992, date when applying for benefits under Unemployment Insurance Act-Returning to work on February 22, 1993-Application denied for period from December 21, 1992 to January 1, 1993 as, according to Commission, "non-teaching" period within meaning of Regulations, s. 46.1(2)-Application allowed-Object of Regulations, s. 46.1 to prevent teachers, whose salary spread over twelve-month period but who do not provide services every day, from being able to receive monies from two separate sources fulfilling same role-Act so drafted and, despite regrettable effect on respondent, only statutory amendment could remedy situation-Unemployment Insurance Regulations, C.R.C., c. 1576, s. 46.1(2).