The Commission bears the burden of demonstrating that the disentitlement should be imposed.
Valois v. Canada (A.G.), [1986] 2 S.C.R. 439 (S.C.C.) File No. 17814 A-879-82
Canada (A.G.) v. Benedetti, 2009 FCA 283 (F.C.A.) A-32-09
The fact intensive nature of decision-making under subsection 36(1) of the Employment Insurance Act is determinative of the outcome. Whether the Commission has met its burden of demonstrating that a work stoppage isdue to a labour dispute is a question that can only be answered based on an assessment of all of the evidence, which is in turn applied to the law. This is a classic question of mixed fact and law.
Canada (A.G.) v. Benedetti, 2009 FCA 283 (F.C.A.) A-32-09
[ previous | table of contents | next ]
2010-05-31