For claimants who are teachers, the issue is whether there was a period of unemployment between the end of his or her employment for one school year and the beginning of his or her re-employment for the following school year. This is a mixed question of fact and law.
A teaching contract does not terminate at the end of the school year if the claimant received hold back pay for the summer vacation months. To allow otherwise would permit a claimant to be doubly compensated for that period of time.
Canada (A.G.) v. Partridge, [1999] F.C.J. No. 974 (F.C.A.) A-704-97 Judgment Of The Federal Court Of Appeal
Bishop v. Canada (Employment and Immigration Commission) , [2002] F.C.J. No. 964 (F.C.A.) A-151-01 Judgment Of The Federal Court Of Appeal
The jurisprudence and the legislative intention behind section 33 of the Employment Insurance Regulations are based on the clear premise that, unless there is a veritable break in the continuity of a teacher's employment, the teacher will not be entitled to benefits for the non-teaching period. In cases where teachers' contracts terminate at the end of June and they are re-hired for the following school year, they are not entitled to employment insurance benefits for the months of July and August.
Gauthier v. Canada (C.E.I.C.) , [1995] F.C.J. No. 1350 (F.C.A.) A-128-95 Judgment Of The Federal Court Of Appeal
Canada (A.G.) v. Hann, [1997] F.C.J. No. 1641 (F.C.A.) A-678-95 Judgment Of The Federal Court Of Appeal
Canada (A.G.) v. Partridge, [1999] F.C.J. No. 974 (F.C.A.) A-704-97 Judgment Of The Federal Court Of Appeal
Bishop v. Canada (Employment and Immigration Commission) , [2002] F.C.J. No. 964 (F.C.A.) A-151-01 Judgment Of The Federal Court Of Appeal
Oliver v. Canada (A.G.) , [2003] F.C.J. No. 316 (F.C.A.) A-811-00 Judgment Of The Federal Court Of Appeal
A teaching contract may terminate in accordance with its terms upon the happening of an event, or by the passing of time or by deliberate breach amounting to a repudiation of the whole contract.
Where the events and methods for terminating the employment contract are set out in a provincial statute which authorizes and governs the contract, the contract is not terminated unless those conditions have been met.
Taking a leave of absence does not terminate the contract.
Dick v. Canada , [1980] 2 S.C.R. 243 (S.C.C.) File No. 15540 Judgment of the Supreme Court Of Canada
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2009-04-29