Estabrooks v. Canada ( Attorney General )
A-787-96 / A-299-97 / A-302-97
Stone J.A.
16/4/98
15 pp.
Applications for judicial review of Umpire's decision applicants disqualified from receiving unemployment insurance benefits as voluntarily leaving part-time employment without just cause so as to incur disqualification penalty under Unemployment Insurance Act, s. 28, Unemployment Insurance Regulations, s. 59.1-In dismissing Estabrooks, McIvor appeals, Umpires felt bound by Court's decision in Canada v. Locke, [1996] 3 F.C. 171-None of applicants disputing Umpires' findings they voluntarily left part-time employment without just cause-Term "just cause" in s. 28 not synonymous with words "reason", "motive"-Must be construed in accordance with duty that ordinarily applies to any insured, not to deliberately cause risk of unemployment to occur-Act, Regulations amended on April 4, 1993-Basic condition for application of Act, s. 27 employment be suitable-Act, ss. 27, 28 intended to discourage claimants from deliberately causing risk of own unemployment to occur-Regulations, s. 59.1(1) referring to "last employment lost" by claimant since commencement of qualifying period-When s. 59.1(1) considered in conjunction with Act, s. 30.1(2), s. 28 disqualification not restricted to employment unjustifiably lost during qualifying period, but may strike during claimant's benefit period-Language of Act, s. 30.1(2) rendering obsolete notion s. 28 disqualification must be causally connected to claim for benefit against which imposed-Judgment in Locke correctly decided, each of present cases governed by it-Interpretation of s. 28 advanced in Locke unavoidable-Applications dismissed-Unemployment Insurance Act, R.S.C., 1985, c. U-1, ss. 27, 28, 30.1 (as enacted by S.C. 1993, c. 13, s. 21)-Unemployment Insurance Regulations, C.R.C., c. 1576, s. 59.1 (as enacted by SOR/93-178, s. 4).