Teachers

1. Is the claimant a "teacher" ?
2. applied for benefits during a "non-teaching period"?
3. entitled to benefits during the "non-teaching period"?

 
Regulations subsection 33(1) Employment Insurance Regulations: "teacher" and "non-teaching period"
Regulations subsections 33(2), 33(3) Employment Insurance Regulations: entitlement to benefits

 
Claimants must prove they are entitled to benefits - subsection 49(1)of the Act.   Employment Insurance Act 
FALARDEAU A-396-85 Judgment Of The Federal Court Of Appeal 

 

Supreme Court 27 June 1980 re: DICK [ 15540 Judgement Of The Supreme Court Of Canada]:  Interruption of earnings for teachers during non-teaching period and is paid for days taught only.

ARKINSTALL  A-26-09 Judgment Of The Federal Court Of Appeal , DORAIS  A-27-09 Judgment Of The Federal Court Of Appeal , WILLS  A-28-09 Judgment Of The Federal Court Of Appeal , HUMMEL  A-29-09 Judgment Of The Federal Court Of Appeal : Claimants teaching contracts had not terminated and they were not “casual” or “substitute” teachers within the meaning of subsection 33(2)(b) of the EI Regulations.

BLANCHET  A-103-06 Judgment Of The Federal Court Of Appeal and A-104-06   Judgment Of The Federal Court Of Appeal, BERNIER  A-110-06 Judgment Of The Federal Court Of Appeal, PELLETIER  A-111-06 Judgment Of The Federal Court Of Appeal:

• The exceptions contained in subsection 33(2) of the Regulations   Employment Insurance Regulationsare three distinct exceptions and not one exception with three conditions to be met for it to apply.
  
  
• The exception under paragraph 33(2)(b) Employment Insurance Regulations emphasizes the performance of the employment and not the status of the teacher who holds it. A teacher may have substitute teacher status with the school board but during the qualifying period enters a contract. The contract signed by the teacher must be studied to determine whether or not employment is held on a casual or substitute basis within the meaning of paragraph 33(2)(b) Employment Insurance Regulations. Temporary teaching contracts are exercised in a continuous and predetermined way and not on an occasional or substitute basis with the meaning of paragraph 33(2)(b) Employment Insurance Regulations.
  
  
• If employment is held on a casual or substitute basis, the exception may be invoked regardless of whether or not the teacher loses or maintains his or her substitute status.

STONE  A-367-04 Judgment Of The Federal Court Of Appeal and A-368-04 Judgment Of The Federal Court Of Appeal: Establishes a list of considerations which may be relevant to determining whether a claimant's contract of employment for teaching has terminated.

ROBIN  A-261-05 Judgment Of The Federal Court Of Appeal, BAZINET et al  A-172-05 Judgment Of The Federal Court Of Appeal (leave to appeal denied by Supreme Court [31541]): No severance of the employer-employee relationship over the non-teaching period. The fact that there may be an interval during which a teacher is not under contract does not necessarily mean there is a severance in the relationship between the teacher and the employer.

OLIVER A-811-00 Judgment Of The Federal Court Of Appeal& GIAMMATTEI A-664-01 Judgment Of The Federal Court Of Appeal(leave to appeal denied by Supreme Court [ 29729 &   Judgement Of The Supreme Court Of Canada 29731 Judgement of the Federal Court of Appeal]), BISHOP A-151-01 Judgment Of The Federal Court Of Appeal, HANN A-678-95 Judgment Of The Federal Court Of Appeal, GAUTHIER A-128-95 Judgment Of The Federal Court Of Appeal, PARTRIDGE A-704-97 Judgment Of The Federal Court Of Appeal, YING A-101-98 Judgment Of The Federal Court Of Appeal:  Contract of employment during summer break

DONACHEY A-411-96 Judgment Of The Federal Court Of Appeal:  Contract of employment during Christmas and March break, while on unpaid leave of absence and also referred to a training course.

BARON A-8-98 Judgment Of The Federal Court Of Appeal:  Contract of employment during school holidays (December and March)

GRENIER A-512-95 Judgment Of The Federal Court Of Appeal, DUPUIS-JOHNSON A-511-95 Judgment Of The Federal Court Of Appeal:  Types of teaching contracts as they relate to 33 of the Regulations   Employment Insurance Regulations. Several non-teaching periods.

ST-COEUR A-80-95 Judgment Of The Federal Court Of Appeal:  Sickness benefits during non-teaching period. Christmas break.

HEMPEL A-368-95 Judgment Of The Federal Court Of Appeal:  Alleged discrimination under Canadian Charter of Rights and Freedoms. Sickness benefits during non-teaching period.

TAYLOR A-681-90 Judgment Of The Federal Court Of Appeal:  Teachers' Regulations and Canadian Charter of Rights and Freedoms

FALARDEAU A-396-85 Judgment Of The Federal Court Of Appeal:  Onus of proof.

BÉGIN  A-323-06 Judgment Of The Federal Court Of Appeal: Allocation of a lump sum pay adjustment in the rate calculation period.

BRUNEAU A-113-98 Judgment Of The Federal Court Of Appeal:  Allocation of earnings of a teacher.

ARMIN A-216-03 Judgment Of The Federal Court Of Appeal, WORDEN A-215-03 Judgment Of The Federal Court Of Appeal: instructor vs. teacher.