Hyperlawhypertext legal database Canada Employment and Immigration Commission v. Dallialian [1980] 2 SCR 582

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Canada Employment and Immigration Commission v. Dallialian

[1980] 2 SCR 582 Court SCC Decision date 1980-06-03 English

PartiesCanada Employment and Immigration Commission Appellant·Isaac Dallialian Respondent

Counsel (4)
Paul M. Ollivier, Q.C., and Jean-Marc Aubry, for the appellant.
Jean Barrière, for the respondent.
Solicitor for the appellant: Roger Tassé, Ottawa.
Solicitors for the respondent: Barrière, Neuer & Lamarche, Lachine, Quebec.

Judges Pigeon, Louis-Philippe; Dickson, Robert George Brian; Beetz, Jean; Estey, Willard Zebedee; Chouinard, Julien

Delivered by Majority

On appeal from Federal Court of Appeal

Subjects Statutes

Contents

English version of the reasons of Pigeon and Beetz JJ. delivered by

The judgment of Dickson, Estey and Chouinard JJ. was delivered by

The respondent was born on December 18, 1906, and accordingly attained the age of 65 on December 18, 1971, and the age of 70 on December 18, 1976.

[Page 590]

The respondent established via the procedure prescribed by the Act a benefit period commencing July 13, 1975.
At the time when the respondent’s benefit period was established, the Act provided for the payment of benefits until the attainment of the age of 70.
The respondent received benefits during the period from July to December 1975.
With effect January 1, 1976, the above-noted amendment to the Unemployment Insurance Act terminated the right to benefits after the attainment of the age of 65 years.
On February 1, 1976, the respondent received a pension under the Quebec Pension Plan which, by the statute as it existed prior to January 1, 1976, disentitled the respondent to receive further benefits under the Act.
The respondent’s maximum benefit period under the statute expired on July 6, 1976, being a fifty-one week period (s. 38 of the Act).
The respondent attained the age of 70 years on December 18, 1976.

Footnotes

  1. [1] [1979] 1 F.C. 686.
  2. [2] CUB 5007, June 14, 1978.
  3. [3] CUB 4417, (Nov. 12, 1976).
  4. [4] [1972] F.C. 92, affirmed [1972] F.C. 1193, affirmed [1977] 1 S.C.R. 271.
  5. [5] CUB 5007, (June 14, 1978),
  6. [6] [1974] S.C.R. 514.
  7. [7] [1974] 1 F.C. 186 (C.A.).
  8. [8] [1978] 1 F.C. 734 (T.D.).
  9. [9] [1978] 1 F.C. 323 (T.D.).
  10. [10] [1979] 1 F.C. 327, appeal dismissed [1979] 1 F.C. iv.

Statutes and regulations cited

  • Unresolved citations