Canada (Attorney General) v. Bell
The Umpire's decision was unreasonable because he failed to apply settled Federal Court of Appeal jurisprudence that changing the nature of work is not just cause; the Court quashed the Umpire's decision and remitted the matter for redetermination on the basis that the respondent did not have just cause and had not...
Source-derived case information.
- Citation
- 2013 FCA 155
- Parties
- Applicant: Attorney General of Canada; Respondent: Kathryn Bell
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 10 June 2013
- Procedural Posture
- Judicial Review / Federal Court of Appeal Decision
- Outcome
- Application for judicial review allowed; Umpire decision quashed and matter remitted for redetermination concluding the respondent did not have just cause and lacked the minimum insurable hours; no costs awarded.
- Legal Topics
- Just Cause to Leave Employment, Judicial Review, Standard of Review, Remand for Redetermination
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Attorney General of Canada
Applicant
Kathryn Bell
Respondent
Procedural Posture
Judicial Review / Federal Court of Appeal Decision
Legal Issues
- 1 Whether the Umpire erred in concluding the respondent had just cause under subparagraph 29(c)(vi) of the Employment Insurance Act to leave her employment
- 2 Whether the Umpire's failure to apply settled Federal Court of Appeal jurisprudence rendered his decision unreasonable
Ratio Decidendi
The Umpire's decision was unreasonable because he failed to apply settled Federal Court of Appeal jurisprudence that changing the nature of work is not just cause; the Court quashed the Umpire's decision and remitted the matter for redetermination on the basis that the respondent did not have just cause and had not accumulated the required insurable hours.
Court Disposition
Application for judicial review allowed; Umpire decision quashed and matter remitted for redetermination concluding the respondent did not have just cause and lacked the minimum insurable hours; no costs awarded.
Orders
- Application for judicial review allowed
- Decision of the Umpire (CUB 80089) quashed
Full Case Text
Judgment text and source record
1 paragraphs
Canada (Attorney General) v. Bell Court (s) Database Federal Court of Appeal Decisions Date 2013-06-10 Neutral citation 2013 FCA 155 File numbers A-2-13 Decision Content Date: 20130610 Docket: A-2-13 Citation: 2013 FCA 155 CORAM: NOËL J.A. DAWSON J.A. GAUTHIER J.A. BETWEEN: ATTORNEY GENERAL OF CANADA Applicant and KATHRYN BELL Respondent Heard at Toronto, Ontario, on June 10, 2013. Judgment delivered from the Bench at Toronto, Ontario, on June 10, 2013. REASONS FOR JUDGMENT OF THE COURT BY: DAWSON J.A. Date: 20130610 Docket: A-2-13 Citation: 2013 FCA 155 CORAM: NOËL J.A. DAWSON J.A. GAUTHIER J.A. BETWEEN: ATTORNEY GENERAL OF CANADA Applicant and KATHRYN BELL Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Toronto, Ontario, on June 10, 2013) DAWSON J.A. [1] The issue raised on this application for judicial review is whether an Umpire erred when he concluded that the respondent had just cause, under subparagraph 29(c)(vi) of the Employment Insurance Act, S. C. 1996, c. 23, to leave her employment? [2] The respondent has a degree in early childhood education. After being initially employed in that field, she was compelled to accept employment as a payroll assistant with a trucking company. She then voluntarily quit that employment to accept part-time employment as an early childhood educator. Both the Board of Referees and an Umpire found the respondent to have just cause to quit her employment. [3] In our view, in order to reach this conclusion both the Board of Referees and the Umpire ignored the settled jurisprudence of this Court. [4] In Canada (Attorney General) v. Langlois, 2008 FCA 18, 291 D.L.R. (4th) 149, this Court held that while it is legitimate for a worker to change the nature of their work, this cannot be done at the expense of the employment insurance fund, and does not constitute just cause for leaving employment. See also Canada (Attorney General) v. Richard, 2009 FCA 122, [2009] F.C.J. No. 511; Canada (Attorney General) v. Langevin, 2011 FCA 163, [2011] F.C.J. No. 662. [5] The Umpire’s failure to apply the settled jurisprudence renders his decision unreasonable. [6] In the result, the application for judicial review will be allowed and the decision of the Umpire (CUB 80089) will be quashed. The matter will be referred back to the Chief Umpire or his designate for redetermination on the basis that the respondent did not have just cause to leave her employment with Erb Transport Limited and that she has not accumulated the minimum number of hours of insurable employment required to qualify for benefits. The Attorney General did not seek costs and no costs are awarded. “Eleanor R. Dawson” J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-2-13 (JUDICIAL REVIEW OF A DECISION OF THE HONOURABLE MR. JUSTICE GUY GOULARD SITTING AS UMPIRE APPOINTED UNDER THE EMPLOYMENT INSURANCE ACT, S.C. 1996 c.23, DATED NOVEMBER 9, 2012, IN DOCKET NO. CUB 80089) STYLE OF CAUSE: Attorney General of Canada v. Kathryn Bell PLACE OF HEARING: Toronto, Ontario DATE OF HEARING: June 10, 2013 REASONS FOR JUDGMENT OF THE COURT BY: (Noël, Dawson & Gauthier JJ.A.) DELIVERED FROM THE BENCH BY: Dawson J.A. APPEARANCES: Derek Edwards FOR THE APPLICANT Kathryn Bell FOR THE RESPONDENT, ON HER OWN BEHALF SOLICITORS OF RECORD: William F. Pentney Deputy Attorney General of Canada FOR THE APPLICANT Kathryn Bell Plattsville, Ontario FOR THE RESPONDENT, ON HER OWN BEHALF