Canada ( Attorney General ) v. Turgeon
A-582-98
Décary J.A.
25/11/99
2 pp.
Application for judicial review of Umpire's decision affirming board of referees' decision claimant had not lost employment because of misconduct as misconduct caused by problems with alcoholism-Although alcoholism not "well documented by extensive medical evidence", Umpire refused to intervene on ground board of referees responsible for facts-Application allowed-Umpire should have intervened-Even admitting purely for sake of argument alcoholism could be relied on to justify misconduct within meaning of Employment Insurance Act, s. 28 no evidence before board of referees in case at bar allowing it to conclude alcohol problem such as to allow him to argue this justification-Mere fact of having alcohol problem not sufficient in itself to make exclusion contained in Employment Insurance Act inapplicable to claimant-Employment Insurance Act, S.C. 1996, c 23, s. 28.