Date: 19980305
Docket: A-577-97
CORAM: PRATTE J.A.
DENAULT J.A.
DESJARDINS J.A.
BETWEEN:
GISÈLE LACASSE
Applicant
- and -
CANADA EMPLOYMENT INSURANCE COMMISSION
Respondent
- and -
DEPUTY ATTORNEY GENERAL OF CANADA
Third Party
Hearing held at Montréal, Quebec on Thursday, March 5, 1998.
Judgment delivered from the bench on Thursday, March 5, 1998.
REASONS FOR JUDGMENT OF THE COURT BY: PRATTE J.A.
Date: 19980305
Docket: A-577-97
CORAM: PRATTE J.A.
DENAULT J.A.
DESJARDINS J.A.
BETWEEN:
GISÈLE LACASSE
Applicant
- and -
CANADA EMPLOYMENT INSURANCE COMMISSION
Respondent
- and -
DEPUTY ATTORNEY GENERAL OF CANADA
Third Party
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the bench at Montréal, Quebec
on Thursday, March 5, 1998)
PRATTE J.A.
[1] We are all of the view that this application must fail.
[2] It seems clear to us, despite what Mr. de Merchant told us, that the periodic indemnities received by a worker under section 49 of Quebec"s Act respecting industrial accidents and occupational diseases do not constitute "permanent settlement workers" compensation payments" within the meaning of paragraphs 57(2)(b ) and (3)(a) of the Unemployment Insurance Regulations.
[3] Nor are we persuaded by Mr. de Merchant"s argument that the indemnities paid pursuant to section 49 should not be taken into consideration in determining whether a worker has had an interruption of earnings because they are intended to compensate not for the loss of the wages the worker was earning before the accident, but for the loss of wages the worker might earn in spite of the accident. Regardless of how the amount is calculated, the indemnities are "workers" compensation payments received" within the meaning of paragraph 57(2)(b ) of the Regulations. There is no reason to draw a distinction where the Regulations do not do so.
Louis Pratte
J.A.
Certified true translation
Peter Douglas
FEDERAL COURT OF APPEAL
Date: 19980305
Docket: A-577-97
BETWEEN:
GISÈLE LACASSE
Applicant
- and -
CANADA EMPLOYMENT INSURANCE
COMMISSION
Respondent
- and -
DEPUTY ATTORNEY GENERAL
OF CANADA
Third Party
REASONS FOR JUDGMENT
OF THE COURT
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT FILE NO.: A-577-97
STYLE OF CAUSE: Gisèle Lacasse v.
Canada Employment Insurance
Commission et al.
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: Thursday, March 5, 1998
REASONS FOR JUDGMENT
OF THE COURT BY: Pratte J.A.
Denault J.A.
Desjardins J.A.
DELIVERED FROM THE BENCH BY: Pratte J.A.
APPEARANCES:
William De Merchant for the applicant
Carole Bureau
Paul Deschênes for the respondent and the third party
SOLICITORS OF RECORD:
Campeau, Ouellet et Associés
Montréal, Quebec for the applicant
George Thomson
Deputy Attorney General of Canada
Ottawa, Ontario for the respondent and the third party