Date: 20010530
Docket: A-31-00
CORAM: DESJARDINS J.A.
BETWEEN:
THE ATTORNEY GENERAL OF CANADA
Plaintiff
- AND -
LINA BOIS
Defendant
Hearing held at Québec, Quebec on Wednesday, May 30, 2001.
Judgment from the bench at Québec, Quebec on Wednesday, May 30, 2001.
REASONS FOR JUDGMENT OF THE COURT BY: DESJARDINS J.A.
Date: 20010530
Docket: A-31-00
Neutral reference: 2001 FCA 175
CORAM: DESJARDINS J.A.
LÉTOURNEAU J.A.
NOËL J.A.
BETWEEN:
THE ATTORNEY GENERAL OF CANADA
Plaintiff
- AND -
LINA BOIS
Defendant
(Delivered from the bench at Québec, Quebec
on Wednesday, May 30, 2001)
DESJARDINS J.A.
[1] We consider that this application for judicial review should be allowed.
[2] The umpire could not ignore the consistent case law of this Court, which has held that a claimant voluntarily leaving his employment to return to studies does not constitute "just cause" within the meaning of ss. 29 and 30 of the Employment Insurance Act (S.C. 1996, c. 23) (Maurice Tanguay v. Unemployment Insurance Commission (1985), 68 N.R. 154 (F.C.A.); Attorney General of Canada v. Laurie Martel (September 28, 1994), A-1691-92 (F.C.A.); Attorney General of Canada v. Anna-Monique West (February 20, 1996), A-349-95 (F.C.A.); Attorney General of Canada v. Greg Stevens (March 25, 1996), A-599-95 (F.C.A.); Attorney General of Canada v. Laurie A. Furey (July 2, 1996), A-819-95 (F.C.A.); Attorney General of Canada v. Robert Barnett (October 9, 1996), A-37-96 (F.C.A.)). Even if the defendant had excellent personal reasons for acting as she did in the case at bar, she cannot oblige the Employment Insurance Fund to bear the economic weight of her decision.
[3] So far as the defendant's availability was concerned, the board of referees and the umpire misunderstood the period in question, namely July 1997 to August 1998. For that period there is no evidence of availability in the record that meets the three criteria of Faucher v. Canada Employment and Immigration Commission (1997), 215 N.R. 314, namely:
1. a wish to return to the labour market as soon as suitable employment is offered;
2. an indication of this wish by efforts to find such suitable employment;
3. absence of personal conditions that unduly limit chances of returning to the labour market.
[4] In the circumstances, we have no choice but to allow the application for judicial review.
[5] The application for judicial review will accordingly be allowed, the decision of the umpire quashed and the matter referred back to the chief umpire or an umpire designated by him to be again decided on the basis that the defendant voluntarily left her employment "without just cause" within the meaning of ss. 29 and 30 of the Employment Insurance Act and was not available within the meaning of s. 18 of that Act.
[6] The whole without costs.
|
Alice Desjardins J.A. |
Québec, Quebec
May 30, 2001
Certified true translation
Suzanne M. Gauthier, LL.L. Trad. a.
FEDERAL COURT OF APPEAL
Date: 20010530
Docket: A-31-00
Between:
THE ATTORNEY GENERAL OF CANADA
Plaintiff
- AND -
LINA BOIS
Defendant
REASONS FOR JUDGMENT
FEDERAL COURT APPEAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT FILE No.: A-31-00
STYLE OF CAUSE: THE ATTORNEY GENERAL OF CANADA
Plaintiff
- AND -
LINA BOIS
Defendant
PLACE OF HEARING: Québec, Quebec
DATE OF HEARING: May 30, 2001
REASONS FOR JUDGMENT
OF THE COURT BY: Desjardins J.A.
DATED: May 30, 2001
APPEARANCES:
Carole Bureau for the plaintiff
Lina Bois for the defendant
SOLICITORS OF RECORD:
Morris Rosenberg for the plaintiff
Deputy Attorney
General of Canada
2804 rue des Pruches for the defendant
Charlesbourg, Quebec