The appellant received unemployment insurance benefits until he was hospitalized for a work-related injury during his extended benefit period.
He received temporary total workmen's compensation payments, suspending his unemployment benefits.
After recovering, he applied for an extension of his benefit period under s. 20(7)(b) of the Unemployment Insurance Act, 1971.
The application was dismissed on the basis that s. 36 disentitled him to extended benefits because he was not capable of and available for work.
The Supreme Court of Canada allowed the appeal, holding that s. 20(7) is intended to apply to an extension of a benefit period in respect of extended benefit, and the claimant is entitled to an extension despite being disentitled under s. 36 during his incapacity.
