Canada ( Attorney General ) v. Whiffen
A-1472-92
Marceau J.A.
28/2/94
13 pp.
Availability for work-Application for judicial review of Umpire's decision allowing appeal from Board of Referees' decision respondent disentitled to benefits for lack of availability for work when moved from large metropolitan area to area of limited employment opportunities to follow husband, be with family -- Claimant did not impose unreasonable restrictions regarding type of work she was looking for in new area -- Commission's unwritten policy to consider move to limited employment opportunity area as restriction of chances of re-employment which must be compensated by broadening geographic area of job search or be sanctioned by disentitlement -- Availability question of fact determined on basis of all circumstances of each case -- Preservation of family unit between spouses and dependent children now formally recognized as good cause for leaving employment -- Wilful move to area where chances of re-employment diminished circumstance to be considered in assessing reasonableness of new geographical restrictions claimant now forced to place on re-employment -- Giving claimant reasonable time to explore new labour market within Commission's statutory power and not contrary to scheme of Act: Attorney General of Canada v. Dodsworth, [1984] 2 F.C. 193 (C.A.) -- Burden on Commission to establish fact new location significantly less advantageous for eventual re-employment -- Must compare two labour markets as to claimant's situation, possibilities, circumstances -- Commission's ruling of disentitlement for lack of availability following respondent's unwillingness to broaden job searches beyond new area dictated solely by application of policy respecting claimants moving to areas of lesser employment opportunity -- Long-established claimants in respective area not required to search for work so far away -- Claimant ought to be treated like all other claimants of new area -- Unemployment Insurance Act, s. 28, recently amended, stating obligation to accompany spouse or dependent children to another residence good cause for leaving employment, thus confirming existence of particular limitation to application of policy -- Unemployment Insurance Act, R.S.C., 1985, c. U-1, s. 28 (as am. by S.C. 1990, c. 40, s. 21).