What is the test for a declaration of paternity under the Unemployment Insurance Act, 1971?
Canada (Federal), Canada
The following excerpt is from Taylor v. Canada et al., 1988 CanLII 5682 (FC):
This is an action for a declaration, in various alternative forms, to the effect that a natural father is entitled to the same benefits under the Unemployment Insurance Act, 1971, S.C. 1970-71-72, c. 48, as are adoptive parents under s. 32 of that Act in respect of benefits for a period of time taken off work by him to care for his newborn child after its arrival at home. This action was tried along with that of Schachter v. Canada [now reported 1988 CanLII 5654 (FC), 52 D.L.R. (4th) 525, 20 C.C.E.L. 301, 88 C.L.L.C. ¶14,021], and the evidence in the Schachter case is to apply in this case as well. The remedies sought are the same as in that case except that the plaintiff in this case does not seek an order that he himself is entitled to payment of benefits as he himself did not have an interruption of earnings in respect of time spent by him in the care of his newborn child.
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