Canada ( Attorney General ) v. Eppel
A-3-95
Marceau J.A.
28/9/95
7 pp.
Application for judicial review of Umpire's decision dismissing appeal from Board of Referees' decision setting aside ruling of Unemployment Insurance Commission-Respondent employed by Jewish Community Centre of Greater Vancouver since September 1979-Formally reprimanded few times for using abusive language with patrons, coemployees-Employment terminated following warnings contained in letters sent by executive director-Respondent disqualified by Commission from receiving benefits as left job without just cause-Commission's ruling overturned by Board of Referees concluding respondent not voluntarily leaving employment-Umpire refusing to intervene-Not entitled to overturn finding of fact made by Board-Whether Umpire failed to discharge duty of determining whether respondent lost employment by reason of own misconduct under Unemployment Insurance Act, s. 28(1)-Board's role to verify whether ruling imposed by Commission prescribed by Act, not to approve or disapprove astuteness of Commission's officers in characterizing facts-Board not inquisitorial tribunal required to conduct own investigation and search-Evidence before Board of Referees, Umpire not leading to conclusion of termination for cause within meaning of Act-Only evidence of misconduct prior to date of dismissal letter following incident of foul language-Insufficient to establish respondent could only blame himself, wrong behaviour for having lost employment-Second ground of attack in support of application also without merit-Application dismissed-Unemployment Insurance Act, R.S.C., 1985, c. U-1, s. 28(1).