Canada (Attorney General) v. Shaw
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Canada (Attorney General) v. Shaw Court (s) Database Federal Court of Appeal Decisions Date 2002-09-11 Neutral citation 2002 FCA 325 File numbers A-41-02 Decision Content Date: 20020911 Docket: A-41-02 Neutral citation: 2002 FCA 325 CORAM: LINDEN J.A. ROTHSTEIN J.A. MALONE 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. ROTHSTEIN J.A. MALONE 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 operati…
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Canada (Attorney General) v. Shaw Court (s) Database Federal Court of Appeal Decisions Date 2002-09-11 Neutral citation 2002 FCA 325 File numbers A-41-02 Decision Content Date: 20020911 Docket: A-41-02 Neutral citation: 2002 FCA 325 CORAM: LINDEN J.A. ROTHSTEIN J.A. MALONE 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. ROTHSTEIN J.A. MALONE 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
Source: decisions.fca-caf.gc.ca