Date: 20040518
Docket: A-346-03
Citation: 2004 FCA 198
CORAM: DESJARDINS J.A.
LÉTOURNEAU J.A.
PELLETIER J.A.
BETWEEN:
DAVID GENNARELLI
Applicant
and
ATTORNEY GENERAL OF CANADA
Respondent
Hearing held at Montréal, Quebec, on May 18, 2004.
Judgment delivered from the bench at Montréal, Quebec, on May 18, 2004.
REASONS FOR JUDGMENT OF THE COURT BY: LÉTOURNEAU J.A.
Date: 20040518
Docket: A-346-03
Citation: 2004 FCA 198
CORAM: DESJARDINS J.A.
LÉTOURNEAU J.A.
PELLETIER J.A.
BETWEEN:
DAVID GENNARELLI
Applicant
and
ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the bench at Montréal, Quebec, on May 18, 2004)
LÉTOURNEAU J.A.
[1] In our view, the facts of this matter are indistinguishable from those of Canada (Attorney General) v. Leung, 2004 FCA 160, and, accordingly, the applicant, who had reasonable grounds to believe that his day job would continue when he decided to leave his night job, therefore had just cause to leave his night job voluntarily.
[2] The application for judicial review will be allowed with costs, the Umpire's decision will be set aside and the matter will be referred back to the Chief Umpire, or to an Umpire designated by him for redetermination, on the basis that the Commission's appeal from the decision by the Board of Referees dated June 12, 2002, shall be dismissed.
"Gilles Létourneau"
J.A.
Certified true translation
Kelley A. Harvey, BA, BCL, LLB
FEDERAL COURT OF APPEAL
SOLICITORS OF RECORD
DOCKET: A-346-03
STYLE OF CAUSE: DAVID GENNARELLI
Applicant
and
ATTORNEY GENERAL OF CANADA
Respondent
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: May 18, 2004
REASONS FOR JUDGMENT OF THE COURT: (DESJARDINS, LÉTOURNEAU,
PELLETIER JJ.A.)
DELIVERED FROM THE BENCH BY: LÉTOURNEAU J.A.
APPEARANCES:
Dominic Desjarlais FOR THE APPLICANT
Carole Bureau FOR THE RESPONDENT
SOLICITORS OF RECORD:
Dominic Desjarlais FOR THE APPLICANT
Montréal, Quebec
Morris Rosenberg FOR THE RESPONDENT
Deputy Attorney General of Canada
Montréal, Quebec