Canada (Attorney General) v. Vairamuthu
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Canada (Attorney General) v. Vairamuthu Court (s) Database Federal Court of Appeal Decisions Date 2009-09-25 Neutral citation 2009 FCA 277 File numbers A-54-09 Decision Content Federal Court of Appeal CANADA Cour d'appel fédérale Date: 20090925 Docket: A-54-09 Citation: 2009 FCA 277 CORAM: NOËL J.A. NADON J.A. PELLETIER J.A. BETWEEN: THE ATTORNEY GENERAL OF CANADA Applicant and MOHANATHAS VAIRAMUTHU Respondent Heard at Montreal, Québec, on September 24, 2009. Judgment delivered at Ottawa, Ontario, on September 25, 2009. REASONS FOR JUDGMENT BY: PELLETIER J.A. CONCURRED IN BY: NOËL J.A. NADON J.A. Federal Court of Appeal CANADA Cour d'appel fédérale Date: 20090925 Docket: A-54-09 Citation: 2009 FCA 277 CORAM: NOËL J.A. NADON J.A. PELLETIER J.A. BETWEEN: THE ATTORNEY GENERAL OF CANADA Applicant and MOHANATHAS VAIRAMUTHU Respondent REASONS FOR JUDGMENT PELLETIER J.A. [1] The respondent voluntarily left his employment to accompany his wife to India to seek treatment for infertility. Two previous attempts at treatment in the Montreal area had not been successful. The respondent and his wife heard of a clinic in India and decided to seek treatment there. [2] The decision to seek treatment abroad is certainly one which the respondent and his wife were entitled to make. Given the importance of children in the respondent’s culture, it may well have been good cause for the respondent to have voluntarily left his employment but it is not just cause. Given that the condition being treate…
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Canada (Attorney General) v. Vairamuthu Court (s) Database Federal Court of Appeal Decisions Date 2009-09-25 Neutral citation 2009 FCA 277 File numbers A-54-09 Decision Content Federal Court of Appeal CANADA Cour d'appel fédérale Date: 20090925 Docket: A-54-09 Citation: 2009 FCA 277 CORAM: NOËL J.A. NADON J.A. PELLETIER J.A. BETWEEN: THE ATTORNEY GENERAL OF CANADA Applicant and MOHANATHAS VAIRAMUTHU Respondent Heard at Montreal, Québec, on September 24, 2009. Judgment delivered at Ottawa, Ontario, on September 25, 2009. REASONS FOR JUDGMENT BY: PELLETIER J.A. CONCURRED IN BY: NOËL J.A. NADON J.A. Federal Court of Appeal CANADA Cour d'appel fédérale Date: 20090925 Docket: A-54-09 Citation: 2009 FCA 277 CORAM: NOËL J.A. NADON J.A. PELLETIER J.A. BETWEEN: THE ATTORNEY GENERAL OF CANADA Applicant and MOHANATHAS VAIRAMUTHU Respondent REASONS FOR JUDGMENT PELLETIER J.A. [1] The respondent voluntarily left his employment to accompany his wife to India to seek treatment for infertility. Two previous attempts at treatment in the Montreal area had not been successful. The respondent and his wife heard of a clinic in India and decided to seek treatment there. [2] The decision to seek treatment abroad is certainly one which the respondent and his wife were entitled to make. Given the importance of children in the respondent’s culture, it may well have been good cause for the respondent to have voluntarily left his employment but it is not just cause. Given that the condition being treated is not a threat to life or to health, and given the absence of evidence that no adequate alternate treatment was available in the Montreal area, the decision to seek treatment abroad was not just cause within the meaning of section 30 of the Employment Insurance Act , S.C. 1996 c. 23. In particular, it did not meet the standard set in paragraph 29(c)(v) of the Act. [3] The Umpire erred in law in disturbing the Board of Referees’ decision. As a result, I would allow the application for judicial review, I would set aside the decision of the Umpire and I would remit the matter to the Umpire in Chief or his designate for redetermination on the basis that the respondent was not justified in voluntarily leaving his employment to seek treatment abroad for a condition for which treatment was available locally. "J.D. Denis Pelletier" J.A. “I agree. Marc Noël J.A.” “I agree. M. Nadon J.A.” FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-54-09 STYLE OF CAUSE: THE ATTORNEY GENERAL OF CANADA and MOHANATHAS VAIRAMUTHU PLACE OF HEARING: MONTREAL, QUÉBEC DATE OF HEARING: SEPTEMBER 24, 2009 REASONS FOR JUDGMENT BY: PELLETIER J.A. CONCURRED IN BY: NOËL J.A. NADON J.A. DATED: SEPTEMBER 25, 2009 APPEARANCES: NICHOLAS R. BANKS PAULINE LEROUX FOR THE APPLICANT MOHANATHAS VAIRAMUTHU FOR THE RESPONDENT, ON HIS OWN BEHALF SOLICITORS OF RECORD: JOHN H. SIMS, Q.C. DEPUTY ATTORNEY GENERAL OF CANADA OTTAWA, ONTARIO MOHANATHAS VAIRAMUTHU MONTREAL, QUÉBEC
Source: decisions.fca-caf.gc.ca