Gennarelli v. Canada (Attorney General)
Court headnote
Gennarelli v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2004-05-18 Neutral citation 2004 FCA 198 File numbers A-346-03 Decision Content 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…
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Gennarelli v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2004-05-18 Neutral citation 2004 FCA 198 File numbers A-346-03 Decision Content 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
Source: decisions.fca-caf.gc.ca