Morin v. Canada (Attorney General)
The Court upheld the Umpire's finding that the applicant voluntarily left her employment without just cause under ss.29-30 of the Employment Insurance Act, and therefore she is disqualified from benefits; the application for judicial review was dismissed.
Source-derived case information.
- Citation
- 2002 FCA 236
- Parties
- Applicant: Carmen Morin; Respondent: Attorney General of Canada
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 4 June 2002
- Procedural Posture
- Judicial Review / Final Judgment
- Outcome
- Application for judicial review dismissed without costs.
- Legal Topics
- Employment Insurance, Voluntary Leaving, Just Cause, Judicial Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Carmen Morin
Applicant
Attorney General of Canada
Respondent
Procedural Posture
Judicial Review / Final Judgment
Legal Issues
- 1 Whether the applicant voluntarily left employment without just cause within the meaning of sections 29 and 30 of the Employment Insurance Act
- 2 Whether the Umpire's decision should be set aside on judicial review
Ratio Decidendi
The Court upheld the Umpire's finding that the applicant voluntarily left her employment without just cause under ss.29-30 of the Employment Insurance Act, and therefore she is disqualified from benefits; the application for judicial review was dismissed.
Court Disposition
Application for judicial review dismissed without costs.
Orders
- Application for judicial review dismissed without costs.
Full Case Text
Judgment text and source record
1 paragraphs
Morin v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2002-06-04 Neutral citation 2002 FCA 236 File numbers A-114-01 Decision Content Date: 20020604 Docket: A-114-01 Québec, Quebec, June 4, 2002 CORAM: LÉTOURNEAU J.A. NADONJ.A. PELLETIERJ.A. BETWEEN: CARMEN MORIN Applicant and ATTORNEY GENERAL OF CANADA Respondent JUDGMENT The application for judicial review is dismissed without costs. Gilles Létourneau J.A. Certified true translation S. Debbané, LLB Date: 20020604 Docket: A-114-01 Neutral citation: 2002 FCA 236 CORAM: LÉTOURNEAU J.A. NADON J.A. PELLETIER J.A. BETWEEN: CARMEN MORIN Applicant and ATTORNEY GENERAL OF CANADA Respondent Hearing held at Québec, Quebec, on June 4, 2002. Judgment delivered from the bench at Québec, Quebec, on June 4, 2002. REASONS FOR JUDGMENT OF THE COURT BY: LÉTOURNEAU J.A. Date: 20020604 Docket: A-114-01 Neutral citation: 2002 FCA 236 CORAM: LÉTOURNEAU J.A. NADON J.A. PELLETIER J.A. BETWEEN: CARMEN MORIN Applicant and ATTORNEY GENERAL OF CANADA Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the bench at Québec, Quebec on June 4, 2002) LÉTOURNEAU J.A. [1] We agree with the decision of the Umpire. The applicant, in fact, voluntarily left her employment without just cause within the meaning of sections 29 and 30 of the Employment Insurance Act. By doing so, in a system of insurance against unemployment, she deliberately caused the risk to occur: Tanguay v. Unemployment Insurance Commission, A-1458-84, October 2, 1985 (F.C.A.). [2] For these reasons, the application for judicial review will be dismissed. Gilles Létourneau J.A. Certified true translation S. Debbané, LLB FEDERAL COURT OF APPEAL Date : 20020604 Docket: A-114-01 Between: CARMEN MORIN Applicant and ATTORNEY GENERAL OF CANADA Respondent REASONS FOR JUDGMENT OF THE COURT FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD COURT FILE NO.: A-114-01 STYLE OF CAUSE: CARMEN MORIN Applicant and ATTORNEY GENERAL OF CANADA Respondent PLACE OF HEARING: Québec, Quebec DATE OF HEARING: June 4, 2002 REASONS FOR JUDGMENT OF THE COURT BY: Létourneau J.A. CONCURRED IN BY: Nadon J.A. Pelletier J.A. DATED: June 4, 2002 APPEARANCES: Carmen Morin for herself Pauline Leroux for the respondent SOLICITORS OF RECORD: for the applicant ATTORNEY GENERAL OF CANADA Montréal, Quebec for the respondent