The legal test for just cause, as set out in paragraph 29(c) of the Employment Insurance Act is whether a claimant has "no reasonable alternative to leaving the employment".
Canada (A.G.) v. Landry, November 24, 1993, F.C.J. No. 1366 (F.C.A.) A-1210-92
Canada (A.G.) v. Ash [1995], F.C.J. No. 1716 (F.C.A) A-115-94
Canada (A.G.) v. Horslen, September 21, 1995, F.C.J. No. 1223 (F.C.A.) A-517-94
Bell v. Canada (A.G.), March 25, 1996, F.C.J. No. 399 (F.C.A.) A-450-95
Astronomo v. Canada (A.G.), July 10, 1998, F.C.J. No. 1025 (F.C.A.) A-141-97
However, whether or not a claimant acted "reasonably" in leaving his or her employment is not the determining factor in whether just cause exists. Reasonableness may, in certain circumstances, be "good cause" for leaving, 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. Landry, November 24, 1993, F.C.J. No. 1366 (F.C.A.) A-1210-92
Canada (A.G.) v. Laughland, [2002] F.C.J. No. 414 (F.C.A.) A-76-02
Just cause exists if, at the time a claimant leaves his employment without having secured another job, circumstances existed which excused him or her from taking the risk of causing others to bear the burden of his unemployment.
Tanguay v. C.E.I.C. [1985], F.C.J. No. 910 (F.C.A.) A-1458-84
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2009-04-28