Fakhari v. Canada ( Attorney General )
A-732-95
Robertson J.A.
16/5/96
3 pp.
Application for judicial review of Umpire's decision setting aside Board of Referees' decision reversing Commission's finding applicant lost employment because of own misconduct-Applicant holding over lapping employment with second employer which could have prevented fulfilling contractual obligations to first employer-Applicant dismissed for "misconduct" by first employer-Commission holding applicant therefore disqualified from receiving benefits under Unemployment Insurance Act, s. 28-Umpire relying on Canada (Attorney General) v. Jewell (1994), 175 N.R. 350 (F.C.A.)-Case no longer of precedential value-Employer's subjective appreciation of type of misconduct which warrants dismissal for just cause cannot be deemed binding on Board of Referees-Employer's mere assurance believes conduct in question misconduct not satisfying onus of proof resting on Commission under s. 28-Umpire not entitled to substitute appreciation of evidence and conclusion for Board's-Application allowed-Unemployment Insurance Act, R.S.C., 1985, c. U-1, s. 28.