EMPLOYMENT INSURANCE |
Canada (Attorney General) v. Lavallée
A-720-01
2003 FCA 255, Noël J.A.
5/6/03
4 pp.
Judicial review of Umpire's decision dismissing appeal by Employment Insurance Commission and upholding Board of Referees' decision determining claimant had not voluntarily left employment without just cause or lost employment because of own misconduct within meaning of Employment Insurance Act, ss. 29, 30--Claimant had to take time off work to go to prison for not having paid fines ($9,000) for violations under Highway Safety Code--Since unable to carry out duties of position, employer dismissed him--Claimant unable to return to employment in Ontario when left prison because terms of parole prevented him from doing so-- Commission imposed disqualification on ground that claimant had lost employment because of own misconduct and that claimant had voluntarily left employment without just cause-- Board of Referees allowed appeal on ground that claimant forced to leave employment because could not afford to pay fines and that had taken reasonable steps so that employer would take him back after imprisonment--Board also concluded there had been no misconduct--Umpire dismissed appeal by Commission on ground decision based on facts of particular case--Application allowed--Claimant himself cause of deprivation of liberty and loss of employment-- Performance of services essential condition of employment contract: Canada (Attorney General) v. Brissette, [1994] 1 F.C. 684 (C.A.)--Employee who, through own actions, can no longer meet that condition and as result loses employment, cannot force others to bear burden of unemployment: Tanguay v. Canada (Unemployment Insurance Commission) (1985), 10 C.C.E.L. 239 (F.C.A.).