Canada ( Attorney General ) v. Easson
A-1598-92
Marceau J.A.
1/2/94
4 pp.
Application for judicial review of Umpire's decision allowing appeal from Board of Referees' decision respondent left job voluntarily without just cause -- Respondent, after becoming unemployed, filed application for unemployment benefits with reason had quit employment -- According to employer's Record of Employment, respondent had been dismissed for misconduct-Disqualified from receiving benefits under Unemployment Insurance Act -- Notion of "dismissal for misconduct" and "voluntarily leaving without just cause" dealt with together in Unemployment Insurance Act, ss. 28 and 30 as in both situations, loss of employment deliberate action of employee -- Difference between two situations taken into consideration only for exercise of discretion in determining sanction -- Board respected it's jurisdiction even if interpreting facts in different manner -- Application granted-Unemployment Insurance Act, R.S.C., 1985, c. U-1, s. 28 (as am. by S.C. 1990, c. 40, s. 21).