The onus is on the Commission to show that the leaving of employment was voluntary. Once that has been established, the onus shifts to the claimant to show that he or she had just cause for leaving.
Tanguay v. C.E.I.C. [1985], F.C.J. No. 910 (F.C.A.) A-1458-84
It is the circumstances which existed at the time the claimant left his or her employment that are relevant to whether just cause exists and not some future events which came about after the voluntary leaving occurred.
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
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2009-04-28