Gennarelli v. Canada (Attorney General)
Because the facts were indistinguishable from Leung (2004 FCA 160), the applicant had reasonable grounds to believe his day job would continue when he left his night job and therefore had just cause to leave; the Umpire's decision was set aside and the matter was referred back for redetermination, with the...
Source-derived case information.
- Citation
- 2004 FCA 198
- Parties
- Applicant: David Gennarelli; Respondent: Attorney General of Canada
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 18 May 2004
- Procedural Posture
- Judicial Review / Federal Court of Appeal Judgment
- Outcome
- Application for judicial review allowed; Umpire's decision set aside; matter referred back to the Chief Umpire or a designate; Commission's appeal dismissed; costs to applicant.
- Legal Topics
- Just Cause for Leaving Employment, Reasonable Grounds, Judicial Review, Administrative Remand
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Gennarelli
Applicant
Attorney General of Canada
Respondent
Procedural Posture
Judicial Review / Federal Court of Appeal Judgment
Legal Issues
- 1 Whether the applicant had just cause to voluntarily leave his night job because he had reasonable grounds to believe his day job would continue
- 2 Whether the Umpire's decision should be set aside and the matter referred back for redetermination
Ratio Decidendi
Because the facts were indistinguishable from Leung (2004 FCA 160), the applicant had reasonable grounds to believe his day job would continue when he left his night job and therefore had just cause to leave; the Umpire's decision was set aside and the matter was referred back for redetermination, with the Commission's appeal to be dismissed.
Court Disposition
Application for judicial review allowed; Umpire's decision set aside; matter referred back to the Chief Umpire or a designate; Commission's appeal dismissed; costs to applicant.
Orders
- Application for judicial review allowed with costs
- Umpire's decision set aside
Full Case Text
Judgment text and source record
1 paragraphs
Gennarelli v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2004-05-18 Neutral citation 2004 FCA 198 File numbers A-346-03 Decision Content Date: 20040518 Docket: A-346-03 Citation: 2004 FCA 198 CORAM: DESJARDINS J.A. LÉTOURNEAU J.A. PELLETIER J.A. BETWEEN: DAVID GENNARELLI Applicant and ATTORNEY GENERAL OF CANADA Respondent Hearing held at Montréal, Quebec, on May 18, 2004. Judgment delivered from the bench at Montréal, Quebec, on May 18, 2004. REASONS FOR JUDGMENT OF THE COURT BY: LÉTOURNEAU J.A. Date: 20040518 Docket: A-346-03 Citation: 2004 FCA 198 CORAM: DESJARDINS J.A. LÉTOURNEAU J.A. PELLETIER J.A. BETWEEN: DAVID GENNARELLI Applicant and ATTORNEY GENERAL OF CANADA Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the bench at Montréal, Quebec, on May 18, 2004) LÉTOURNEAU J.A. [1] In our view, the facts of this matter are indistinguishable from those of Canada (Attorney General) v. Leung, 2004 FCA 160, and, accordingly, the applicant, who had reasonable grounds to believe that his day job would continue when he decided to leave his night job, therefore had just cause to leave his night job voluntarily. [2] The application for judicial review will be allowed with costs, the Umpire's decision will be set aside and the matter will be referred back to the Chief Umpire, or to an Umpire designated by him for redetermination, on the basis that the Commission's appeal from the decision by the Board of Referees dated June 12, 2002, shall be dismissed. "Gilles Létourneau" J.A. Certified true translation Kelley A. Harvey, BA, BCL, LLB FEDERAL COURT OF APPEAL SOLICITORS OF RECORD DOCKET: A-346-03 STYLE OF CAUSE: DAVID GENNARELLI Applicant and ATTORNEY GENERAL OF CANADA Respondent PLACE OF HEARING: Montréal, Quebec DATE OF HEARING: May 18, 2004 REASONS FOR JUDGMENT OF THE COURT: (DESJARDINS, LÉTOURNEAU, PELLETIER JJ.A.) DELIVERED FROM THE BENCH BY: LÉTOURNEAU J.A. APPEARANCES: Dominic Desjarlais FOR THE APPLICANT Carole Bureau FOR THE RESPONDENT SOLICITORS OF RECORD: Dominic Desjarlais FOR THE APPLICANT Montréal, Quebec Morris Rosenberg FOR THE RESPONDENT Deputy Attorney General of Canada Montréal, Quebec