Date: 20010530
Docket: A-775-99
CORAM: DESJARDINS J.A.
BETWEEN:
THE ATTORNEY GENERAL OF CANADA
Plaintiff
- AND -
ÉRIC MANCHERON
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-775-99
Neutral reference: 2001 FCA 174
CORAM : DESJARDINS J.A.
LÉTOURNEAU J.A.
NOËL J.A.
BETWEEN:
THE ATTORNEY GENERAL OF CANADA
Plaintiff
- AND -
ÉRIC MANCHERON
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 he did in the case at bar, he cannot oblige the Employment Insurance Fund to bear the economic weight of his decision.
[3] 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 his employment "without just cause" within the meaning of ss. 29 and 30 of the Employment Insurance Act.
[4] 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-775-99
Between:
THE ATTORNEY GENERAL OF CANADA
Plaintiff
- AND -
ÉRIC MANCHERON
Defendant
REASONS FOR JUDGMENT
FEDERAL COURT APPEAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT FILE No.: A-775-99
STYLE OF CAUSE: THE ATTORNEY GENERAL OF CANADA
Plaintiff
- AND -
ÉRIC MANCHERON
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
Éric Mancheron for the defendant
SOLICITORS OF RECORD:
Morris Rosenberg for the plaintiff
Deputy Attorney
General of Canada
250B rue St-Sacrement for the defendant
Chicoutimi, Quebec