Canada ( Attorney General ) v. Oram
A-676-93
Isaac C.J.
30/8/95
5 pp.
Application to set aside Umpire's decision reversing decision of Board of Referees dismissing respondent's appeal from ruling by Canada Employment and Immigration Commission-Respondent disentitled from receiving benefits under Unemployment Insurance Act, s. 10(3) as not considered unemployed at relevant time-Respondent em-ployee under contract with Labrador West Integrated School Board as teacher-Contract providing for deferred educational leave arrangement allowing respondent to set aside portions of salary for specified periods against time when granted unpaid educational leave of absence-Respondent availing herself of provision during school years 1989-1990 and 1990-1991-On September 20, 1991, while on educational leave, respondent filed written application for unemployment insurance benefits-Application rejected by Commission-Board upholding Commission's ruling-Umpire setting aside Board's ruling, Commission's ruling-Failing to construe Act, s. 10(3) in accordance with customary canons and to decide whether appeal fell to be determined thereby-Facts of case falling squarely within s. 10(3)-Unemployment Insurance Regulations, s. 58(3) inapplicable-Application allowed-Unemployment Insurance Act, R.S.C., 1985, c. U-1, s. 10(3) (as enacted by S.C. 1990, c. 40, s. 8)-Unemployment Insurance Regulations, C.R.C., c. 1576, s. 58(3).