McKay-Eden v. Canada
A-402-96
McDonald J.A.
28/5/97
2 pp.
Judicial review of Umpire's decision applicant had lost employment by reason of own misconduct-Nurse dismissed for having breached hospital's confidentiality policy-When used hospital computer to verify if friend still there, accessed friend's medical chart-Umpire made no specific findings as to whether applicant's conduct wilful or reckless-Moreover, no evidence to lead Umpire to finding of wilfulness-Accessing of confidential information characterized as inadvertent by Board and Umpire-For conduct to be considered misconduct under Unemployment Insurance Act, must be wilful or so reckless as to approach wilfulness-Umpire did not turn mind to whether conduct of applicant wilful or reckless to point of being wilful-Application allowed-Unemployment Insurance Act, R.S.C., c. U-1.