EMPLOYMENT INSURANCE |
Canada (Attorney General) v. Cartier
A-168-00
2001 FCA 274, Desjardins J.A.
19/9/01
5 pp.
Application for judicial review of Umpire's decision--Claimant hired by Volkswagen St-Hyacinthe in October 1998 and required to hold valid driver's licence to perform job--Claimant's driver's licence suspended in January 1999 for failure to pay fine for traffic ticket issued in March 1998--After receiving second ticket, claimant suspended on February 5, 1999--Commission denying claimant benefits on ground claimant had lost employment because of misconduct under Employment Insurance Act, s. 30--Board of Referees and Umpire erred by finding claimant's inability to pay cause of loss of employment--To be entitled to benefits, person must prove he or she meets requirements of Act and no circumstances exist that would disqualify person from receiving benefits--Claimant knew could not keep job without driver's licence--Must be causal relationship between misconduct of which claimant accused and employment--Evidence employer willing to pay fine for claimant but employer changing his mind when learned claimant had received second ticket--Cause of loss of employment therefore not claimant's inability to pay since employer prepared to pay for claimant but in fact second ticket--Board of Referees and Umpire disregarded important piece of evidence--Application allowed--Employment Insurance Act, S.C., 1996, c. 23, s. 30.