The term "just cause" is not defined in the legislation. Paragraph 29(c) of the Employment Insurance Act lists certain examples or circumstances which may constitute just cause. These examples are not exhaustive however, and a Board of Referees and an Umpire are to have regard to all of the circumstances of each individual case in determining whether just cause exists.
The definition of the term just cause is a question of law. However, the definition "is not so exact that it is always possible to say with certainty whether the employee has left his employment without just cause, [thus] cases may arise which may be decided one way or the other without doing injury to the legal concept of 'just cause'."
Tanguay v. C.E.I.C. [1985], F.C.J. No. 910 (F.C.A.) A-1458-84
The words are not synonymous with "reason" or "motive". Therefore, although a claimant may have good reason for leaving his or her employment, this may not be sufficient to establish just cause. Personal reasons do not provide a claimant with just cause for leaving employment. Accordingly, reasons such as dissatisfaction with remuneration or leaving one's employment to return to school or to find a better job may qualify as good reasons for voluntarily leaving, but they do not constitute "just cause".
Canada (A.G.) v. Martel [1994], F.C.J. No. 1458 (F.C.A.) A-1691-92
Canada (A.G.) v. Tremblay [1994], F.C.J. No. 896 (F.C.A.) A-50-94
Canada (A.G.) v. Barnett [1996], F.C.J. No. 1289 (F.C.A.) A-37-96
Canada (A.G.) v. Furey [1996], F.C.J. No. 971 (F.C.A.) A-819-95
Canada (A.G.) v. Stevens, March 25, 1996, F.C.J. No. 416 (F.C.A.) A-599-95
Canada (A.G.) v. Racine, April 30, 1997, F.C.J. No. 544 (F.C.A.) A-694-96
Canada (A.G.) v. Mills, September 23, 1998, F.C.J. No. 1519 (F.C.A.) A-189-98
Canada (A.G.) v. Bois, May 30, 2001, F.C.J. No. 878 (F.C.A.) A-31-00
Canada (A.G.) v. Mancheron, May 30, 2001, F.C.J. No. 880 (F.C.A.) A-775-99
It is not sufficient for a claimant to prove that leaving the employment is what a reasonable or prudent person would do in similar circumstances. Reasonableness may be “good cause”, but it is not necessarily just cause.
Tanguay v. C.E.I.C., [1985] F.C.J. No. 910 (F.C.A.) A-1458-84
Canada (A.G.) v. Laughland, [2002] F.C.J. No. 414 (F.C.A.) A-76-02
Canada (A.G.) v. Imran, 2008 FCA 17 A-104-07
If a claimant leaves his or her job early, that is, on a date which is not within reasonable proximity to the date of the event which represents just cause for voluntarily leaving employment then, in the absence of a separate just cause, the claimant is barred from receiving benefits. What is reasonable proximity may vary with the reasons for leaving one's employment.
Canada (A.G.) v. Patterson [1996], F.C.J. No. 1386 (F.C.A.) A-765-95
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2009-05-06