Canada ( Attorney General ) v. Kuntz
A-1485-92
Stone J.A.
8/3/94
5 pp.
Application for judicial review of Umpire's decision applicant entitled to collect unemployment insurance benefits -- Respondent leaving employment in Manitoba to join new spouse in Saskatchewan where he had resided, worked for 16 years -- Receiving unemployment insurance benefits for twenty-six weeks when suspended -- Board of Referees holding claimant only entitled to reasonable time to find employment in small community after moving from area with established market -- In reversing Board of Referees, Umpire distinguishing situations where wider job search reasonably available, as no significant community within 100 miles -- In Attorney General of Canada v. Whiffen, A-1472-92, Marceau J.A., judgment dated 28/2/94, not yet reported, Federal Court of Appeal holding Commission's policy not to be applied automatically without regard to circumstances of individual cases -- Unemployment Insurance Act, s. 28 stating obligation to accompany spouse to another residence good cause for leaving employment, confirming existence of particular limitation to application of policy[cad 211]Policy not applicable to claimant following spouse-Claimant must be treated like all other claimants of new area-Respondent falling within spousal exclusion -- Application dismissed-Unemployment Insurance Act, R.S.C., 1985, c. U-1, s. 28 (as am. by S.C. 1990, c. 40, s. 21; 1993, c. 13, s. 19) -- Federal Court Act, R.S.C., 1985, c. F-7, s. 28 (as am. by S.C. 1990, c. 8, s. 8).