(Delivered in Québec, Québec, on March 19, 1992)
JUDGMENT OF THE FEDERAL COURT OF APPEAL
Date:
March 19, 1992
Docket:
A-517-91
"TRANSLATION"
CORAM :
THE HONOURABLE MR. JUSTICE PRATTE
THE HONOURABLE MR. JUSTICE HUGESSEN
THE HONOURABLE MADAM JUSTICE DESJARDINS
IN THE MATTER OF an application to review and set aside under section 28 of the Federal Court Act, R.S.C. 1985, c. F-7;
AND IN THE MATTER OF a decision of the Umpire rendered on April 26, 1991 by Mr. Justice Denault in file No. CUB 19706, relating to an application under section 80 of the Unemployment Insurance Act, R.S.C. 1985, c. U-1;
AND IN THE MATTER OF a decision made under sections 28 and 30 of the Unemployment Insurance Act, R.S.C. 1985, c. U-1, by the Canada Employment and Immigration Commission in respect of an application for benefit made by CLÉMENT NOLET;
BETWEEN :
THE ATTORNEY GENERAL OF CANADA,
applicant,
-and-
CLÉMENT NOLET,
respondent.
REASONS FOR DECISION
(Delivered in Québec, Québec, on March 19, 1992)
We are all of the opinion that the misconduct contemplated in subsection 28(1) of the Unemployment Insurance Act is such as would constitute a breach of a duty that is express or implied in the contract of employment. The umpire was therefore correct to conclude that criminal acts committed by an employee more than a year before he was hired did not constitute misconduct within the meaning of that provision.
Accordingly, the application will be dismissed.
Louis Pratte
J.A.