Canada (Attorney General) v. Tourangeau
The Umpire erred by finding the respondent had just cause to leave to pursue studies; established law precludes voluntary departure for unauthorized studies from amounting to just cause, so the Umpire's decision was set aside and the respondent must be treated as disqualified under sections 29 and 30 pending...
Source-derived case information.
- Citation
- 2001 FCA 293
- Parties
- Applicant: Attorney General of Canada; Respondent: Julie Tourangeau
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 9 October 2001
- Procedural Posture
- Judicial Review / Appeal to Federal Court of Appeal — Decision on Judicial Review
- Outcome
- Application for judicial review allowed with costs; decision of the Umpire set aside; matter referred back to the Chief Umpire or a designated umpire for determination that the respondent is disqualified from receiving benefits under ss.29 and 30 of the Employment Insurance Act.
- Legal Topics
- Just Cause for Leaving Employment, Unauthorized Training, Availability for Work, Statutory Interpretation, Judicial Review, Referral to Umpire
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Attorney General of Canada
Applicant
Julie Tourangeau
Respondent
Procedural Posture
Judicial Review / Appeal to Federal Court of Appeal — Decision on Judicial Review
Legal Issues
- 1 Whether leaving employment to pursue studies not authorized by the Commission constitutes ‘just cause’ under the Employment Insurance Act
- 2 Whether a move caused by returning to school can be relied on as a valid reason for leaving employment
- 3 Whether the respondent remained available for work and took steps to find employment after relocating
Ratio Decidendi
The Umpire erred by finding the respondent had just cause to leave to pursue studies; established law precludes voluntary departure for unauthorized studies from amounting to just cause, so the Umpire's decision was set aside and the respondent must be treated as disqualified under sections 29 and 30 pending determination by the Chief Umpire or a designated umpire.
Court Disposition
Application for judicial review allowed with costs; decision of the Umpire set aside; matter referred back to the Chief Umpire or a designated umpire for determination that the respondent is disqualified from receiving benefits under ss.29 and 30 of the Employment Insurance Act.
Orders
- Application for judicial review allowed with costs
- Decision of the Umpire set aside
Full Case Text
Judgment text and source record
1 paragraphs
Canada (Attorney General) v. Tourangeau Court (s) Database Federal Court of Appeal Decisions Date 2001-10-09 Neutral citation 2001 FCA 293 File numbers A-30-00 Decision Content Date: 20011009 Docket: A-30-00 Neutral citation: 2001 FCA 293 CORAM: RICHARD C.J. DESJARDINS J.A. DÉCARY J.A. BETWEEN: ATTORNEY GENERAL OF CANADA Applicant and JULIE TOURANGEAU Respondent Hearing held at Montréal, Quebec, on October 9, 2001. Judgment delivered from the bench at Montréal, Quebec, on October 9, 2001. REASONS FOR JUDGMENT OF THE COURT BY: DESJARDINS J.A. Date: 20011009 Docket: A-30-00 Neutral citation: 2001 FCA 293 CORAM: RICHARD C.J. DESJARDINS J.A. DÉCARY J.A. BETWEEN: ATTORNEY GENERAL OF CANADA Applicant and JULIE TOURANGEAU Respondent REASONS FOR JUDGMENT (Delivered from the bench at Montréal, Quebec on October 9, 2001.) DESJARDINS J.A. [1] We are of the opinion that the Umpire erred when he concluded, contrary to the finding of the Board of Referees, that the respondent was justified in leaving her job to pursue her studies and that leaving was the only reasonable solution in her case. [2] It is settled law that voluntarily leaving one's job to attend a course of instruction that is not authorized by the Commission (see section 25 of the Employment Insurance Act, S.C. 1996, c. 23) does not constitute just cause within the meaning of that Act (Attorney General of Canada v. Laurie Martel (1994), 175 N.R. 275, pages 282 and 283, pp.110-111; Attorney General of Canada v. Robert Barnett (1996), 205 N.R. 392, p. 114; Attorney General of Canada and Laurie A. Furey (1996), 201 N.R. 237, p. 118; Attorney General of Canada and Greg Stevens (1996), 195 N.R. 392, p. 126; Attorney General of Canada and Anna-Monique West, A-349-95 (unreported decision, February 20, 1996, p. 131); Canada (Attorney General) v. Bois, 2001 FCA 175 ([2001] F.C.A. No. 878 (QL)); Canada (Attorney General) v. Mancheron, 2001 FCA 174 ([2001] F.C.A. No. 880 (QL)). [3] The respondent could not validly cite moving as a reason for leaving since it resulted from her going back to school. Nor could she claim to be available for another job and to have taken steps to find employment in her new location since the conditions prescribed in section 18 of the Act (formerly section 14) do not apply to section 29 of the Act (Attorney General of Canada v. Faltermeier (1995), 187 N.R. 305). [4] The application for judicial review will be allowed with costs, the decision of the Umpire will be set aside, and the matter will be referred back to the Chief Umpire or an umpire designated by him for determination on the basis that the respondent is disqualified from receiving benefits because she left her job "without just cause" within the meaning of sections 29 and 30 of the Act. "Alice Desjardins" J.A. Certified true translation Sophie Debbané, LL.B. FEDERAL COURT OF APPEAL Date: 20011009 Docket: A-30-00 Between: ATTORNEY GENERAL OF CANADA Applicant and JULIE TOURANGEAU Respondent REASONS FOR JUDGMENT OF THE COURT FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-30-00 CORAM: RICHARD C.J. DESJARDINS J.A. DÉCARY J.A. STYLE OF CAUSE: ATTORNEY GENERAL OF CANADA Applicant and JULIE TOURANGEAU Respondent PLACE OF HEARING: Montréal, Quebec DATE OF HEARING: October 9, 2001 REASONS FOR JUDGMENT OF THE COURT BY: THE HONOURABLE MADAM JUSTICE DESJARDINS DATED: October 9, 2001 APPEARANCES: Suzon Létourneau FOR THE APPLICANT Jean-Guy Campeau FOR THE RESPONDENT SOLICITORS OF RECORD: Morris Rosenberg Deputy Attorney general of Canada Montréal, Quebec FOR THE APPLICANT Longueuil, Quebec FOR THE RESPONDENT Date: 20011009 Docket: A-30-00 Montréal, Quebec, October 9, 2001 Coram: RICHARD C.J. DESJARDINS J.A. DÉCARY J.A. BETWEEN: ATTORNEY GENERAL OF CANADA Applicant and JULIE TOURANGEAU Respondent JUDGMENT The application for judicial review is allowed with costs, the decision of the Umpire is set aside, and the matter is referred back to the Chief Umpire or the Umpire designated by him for determination on the basis that the respondent is disqualified from receiving benefits because she left her job "without just cause" within the meaning of sections 29 and 30 of the Act. "J. Richard" Chief Justice Certified true translation Sophie Debbané, LL.B.