The purpose of these sections "is to impose a disqualification as a kind of punishment for undesirable conduct which falls short of the true unemployment the Act intends to benefit." The Act is intended to compensate those individuals whose employment has been terminated involuntarily and who are without work. The Act is not intended to benefit those individuals who lose their employment by their own misconduct.
Canada (A.G.) v. Kenny (1983), F.C.J. No. 511 (F.C.A.) A-433-82
Canada (A.G.) v. Debono (1983), F.C.J. No. 512 (F.C.A.) A-434-82
Canada (A.G.) v. Tucker, [1986] 2 F.C. 329 (F.C.A.) A-381-85
Hills v. Canada (A.G.) , [1988] 1 S.C.R. 513 (S.C.C.) File No. 19094 A-175-84
Canada (A.G) v. Martel (1994), 175 N.R. 275 (F.C.A.) A-1691-92
Canada (A.G.) v. McLaughlin, [1995] F.C.J. No. 1458 (F.C.A.) A-244-94
Where an employee, through his own actions, can no longer perform the services required from him under the employment contract and as a result loses his employment, that employee "cannot force others to bear the burden of his unemployment, no more than someone who leaves the employment voluntarily."
Canada (A.G.) v. Brissette, [1994] 1 F.C. 684 (F.C.A.) A-1342-92
Canada (A.G.) v. Lavallee, [2003] F.C.J. No. 913 (F.C.A.) A-720-01
Canada (A.G.) v. Borden, [2004] F.C.J. No. 781 (F.C.A.) A-338-03
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2009-04-28