Crichlow v. Canada ( Attorney General )
A-562-97
Marceau J.A.
21/9/98
3 pp.
Application for judicial review of Umpire's decision allowing appeal from Board of Referee's decision and reinstating Commission's decision disqualifying applicant from receiving benefits on basis had lost his employment by reason of own misconduct-Application allowed-Umpire had no reason to interfere with majority decision of Board as to interpretation given to facts and no jurisdiction to substitute own opinion for that of Board as to meaning of those facts-Board perfectly entitled to conclude applicant had not committed misconduct required for disqualification under Act, s. 28-Applicant, professor of pastoral studies at College of Emmanuel and St. Chad, although married, had developed special relationship with woman who had been student at college-"Misconduct" of s. 28 not to be assumed in all cases of legitimate dismissal and, more particularly, not to be assessed through eyes of Principal of religious college-In absence of evidence that "special relationship" had given rise to some concrete manifestation and had crossed boundaries of merely platonic mutual love, view taken by majority members of Board could not be rejected by Umpire-Finding of misconduct, with grave consequences it carries, can only be made on basis of clear evidence and not merely speculation and suppositions, and up to Commission to convince Board, pivotal body in resolution of unemployment insurance disputes, of presence of such evidence irrespective of opinion of employer-Unemployment Insurance Act, R.S.C., 1985, c. U-1, s. 28.