Canada (Attorney General) v. Caron

Canada (Attorney General) v. Caron
Court (s) Database
Federal Court of Appeal Decisions
Date
2007-05-28
Neutral citation
2007 FCA 204
File numbers
A-322-06
Decision Content
Date: 20070528
Docket: A-322-06
Citation: 2007 FCA 204
CORAM: LÉTOURNEAU J.A.
NADON J.A.
PELLETIER J.A.
BETWEEN:
ATTORNEY GENERAL OF CANADA
Applicant
and
MARCO CARON
Respondent
Hearing held at Fredericton, New Brunswick, on May 28, 2007.
Judgment delivered from the bench at Fredericton, New Brunswick, on May 28, 2007.
REASONS FOR JUDGMENT OF THE COURT BY: LÉTOURNEAU J.A.
Date: 20070528
Docket: A-322-06
Citation: 2007 FCA 204
CORAM: LÉTOURNEAU J.A.
NADON J.A.
PELLETIER J.A.
BETWEEN:
ATTORNEY GENERAL OF CANADA
Applicant
and
MARCO CARON
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the bench at Fredericton, New Brunswick, on May 28, 2007)
LÉTOURNEAU J.A.
[1] The outcome of this case is governed by the settled jurisprudence of our Court that a return to school, including a training course, is not just cause for leaving an employment within the meaning of sections 29 and 30 of the Employment Insurance Act, S.C. 1996, c. 23 (Act): see Canada (Attorney General) v. Barnett, [1996] F.C.J. No. 1289; Canada (Attorney General) v. Bois, 2001 FCA 175; Canada (Attorney General) v. Connell, 2003 FCA 144; Canada (Attorney General) v. Lessard, 2002 FCA 469; Canada (Attorney General) v. Martel (F.C.A.), [1994] F.C.J. No. 1458; and Canada (Attorney General) v. Traynor, [1995] F.C.J. No. 836.
[2] Furthermore, CUB 53009, which was the basis of the Umpire’s determination in this case, was set aside by our Court: see Canada (Attorney General) v. Connell, supra.
[3] For these reasons, the application for judicial review will be allowed without costs, since the respondent did not oppose the application. The decision of the Umpire will be set aside and the matter will be remitted to the Chief Umpire or his or her delegate for redetermination on the basis that the respondent is disqualified from receiving benefits by operation of sections 29 and 30 of the Act.
“Gilles Létourneau”
J.A.
Certified true translation
Mary Jo Egan, LLB
FEDERAL COURT OF APPEAL
SOLICITORS OF RECORD
DOCKET: A-322-06
STYLE OF CAUSE: ATTORNEY GENERAL OF CANADA v. MARCO CARON
PLACE OF HEARING: Fredericton, New Brunswick
DATE OF HEARING: May 28, 2007
REASONS FOR JUDGMENT LÉTOURNEAU J.A.
OF THE COURT BY: NADON J.A.
PELLETIER J.A.
DELIVERED FROM THE BENCH BY: LÉTOURNEAU J.A.
APPEARANCES:
Sandra Doucette
FOR THE APPLICANT
SOLICITORS OF RECORD:
John H. Sims, Q.C.
Deputy Attorney General of Canada
FOR THE APPLICANT