A claimant who is disentitled to benefits because of a labour dispute, may subsequently fall within the exemption set out in subsection 36(4) of the Employment Insurance Act, if during the labour dispute, he or she severs the relationship with the employer and resigns from the union.
Hurren v. Canada (A.G.) [1986], F.C.J. No. 379 (F.C.A.) A-942-85
This principle also applies to a claimant who can demonstrate that his or her employment contract would have terminated on a certain date regardless of whether the work to be performed was complete.
Canada (A.G.) v. Cole, May 3, 1988, F.C.J. No. 402 (F.C.A.) A-741-87;affirming CUB 14021
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2009-05-06