Federal Appeal

Employment Insurance

Board did not examine facts of case in relation to relevant principles of law

While attending college respondent worked part-time at Canadian Tire store in Winnipeg. When the school term was over in April 2009, he moved to his parents’ home in Minnedosa to find full-time summer employment and save on living expenses. When he returned to Winnipeg as planned in August 2009, he claimed employment insurance benefits. Employment Insurance Commission denied benefits. Board allowed respondent’s appeal from the commission’s decision. Umpire dismissed Crown’s appeal. Crown brought present application for judicial review. Application allowed. Board acknowledged legal test for “just cause” but did not examine facts of respondent’s case in relation to relevant principles of law. Rather than applying the no reasonable alternative test board considered whether respondent’s conduct was reasonable in the circumstances and concluded that his choice qualified as reasonable behaviour. Umpire erred when he failed to address applicable law regarding just cause for leaving employment. While respondent may have had good personal cause to leave employment he did not have just cause for leaving his employment within the meaning of Employment Insurance Act (Can.).

Canada (Attorney General) v. Graham

(Nov. 16, 2011, F.C.A., Evans, Pelletier and Layden-Stevenson JJ.A., File No. A-429-10) 209 A.C.W.S. (3d) 566 (7 pp.).

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