Date: 20020911
Docket: A-41-02
Neutral citation: 2002 FCA 325
CORAM: LINDEN J.A.
BETWEEN:
ATTORNEY GENERAL OF CANADA
Applicant
- and -
ROBERT SHAW
Respondent
Heard at Toronto, Ontario, on Tuesday, September 10, 2002.
Judgment delivered from the Bench at Toronto, Ontario, on Tuesday, September 10 , 2002.
REASONS FOR JUDGMENT OF THE COURT BY: LINDEN J.A.
Date: 20020911
Docket: A-41-02
Neutral citation: 2002 FCA 325
CORAM: LINDEN J.A.
BETWEEN:
ATTORNEY GENERAL OF CANADA
Applicant
- and -
ROBERT SHAW
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Toronto,
Ontario, on Tuesday, September 10, 2002)
LINDEN J.A.
[1] We are of the view that the Umpire erred in the tests employed in deciding this matter. Tanguay v. C.E.I.C. (1985), 68 N.R. 154 held that reasonableness in leaving one's job is insufficient just cause; there must be no reasonable alternative to leaving one's employment. Moreover, to quit one's job to attend school is not considered just cause under the Act and the jurisprudence. Nor was there a "reasonable assurance" of a new job, as defined in the Act and Sobczak CUB 24538E, given the conditional nature of the offer. The jurisprudence is also clear that misinformation by the Commission is no basis for relief from the operation of the Act.
[2] This application for judicial review will be allowed. The decision of the Umpire will be set aside and the matter will be remitted to the Chief Umpire to be decided in accordance with these reasons. No costs.
"A. M. Linden"
J.A.
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
DOCKET: A-41-02
STYLE OF CAUSE: ATTORNEY GENERAL OF CANADA
Applicant
- and -
ROBERT SHAW
Respondent
DATE OF HEARING: TUESDAY, SEPTEMBER 10, 2002
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR JUDGMENT
OF THE COURT BY: LINDEN J.A.
DELIVERED FROM THE BENCH AT TORONTO, ONTARIO ON TUESDAY, SEPTEMBER 10, 2002.
DATED: WEDNESDAY, SEPTEMBER 11, 2002
APPEARANCES BY: Ms. Sharon McGovern
For the Applicant
Mr. Robert Shaw
For the Respondent, on his own behalf
SOLICITORS OF RECORD: Morris Rosenberg
Deputy Attorney General of Canada
For the Applicant
Robert Shaw
87 Vincent Street
Barrie, Ontario
L4M 3Y5
For the Respondent, on his own behalf
FEDERAL COURT OF APPEAL
Date: 20020911
Docket: A-41-02
BETWEEN:
THE ATTORNEY GENERAL OF CANADA
Applicant
- and -
ROBERT SHAW
Respondent
REASONS FOR JUDGMENT
OF THE COURT