Canada (Attorney General) v. Leung
The Court held the Umpire's factual finding was not palpably wrong and that Leung had just cause to leave because he reasonably expected his employment with Integrated Cable Systems Inc. would continue; therefore the application is dismissed.
Source-derived case information.
- Citation
- 2004 FCA 160
- Parties
- Applicant: The Attorney General of Canada; Respondent: Thomas Leung
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 1 April 2004
- Procedural Posture
- Application for Judicial Review / Decision by Federal Court of Appeal Application Dismissed
- Outcome
- Application dismissed
- Legal Topics
- Just Cause for Leaving Employment, Standard of Review Palpably Wrong, Expectation of Continued Employment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
The Attorney General of Canada
Applicant
Thomas Leung
Respondent
Procedural Posture
Application for Judicial Review / Decision by Federal Court of Appeal Application Dismissed
Legal Issues
- 1 Whether the Umpire's decision was palpably wrong
- 2 Whether the respondent had just cause to leave his employment
- 3 Whether the respondent reasonably expected continued employment with Integrated Cable Systems Inc.
Ratio Decidendi
The Court held the Umpire's factual finding was not palpably wrong and that Leung had just cause to leave because he reasonably expected his employment with Integrated Cable Systems Inc. would continue; therefore the application is dismissed.
Court Disposition
Application dismissed
Orders
- Application dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
Canada (Attorney General) v. Leung Court (s) Database Federal Court of Appeal Decisions Date 2004-04-01 Neutral citation 2004 FCA 160 File numbers A-328-03 Decision Content Date: 20040401 Docket: A-328-03 Citation: 2004 FCA 160 CORAM: STRAYER J.A. NOËL J.A. SEXTON J.A. BETWEEN: THE ATTORNEY GENERAL OF CANADA Applicant and THOMAS LEUNG Respondent Heard at Vancouver, British Columbia on April 1, 2004. Judgment delivered from the Bench at Vancouver, British Columbia on April 1, 2004. REASONS FOR JUDGMENT OF THE COURT BY: SEXTON J.A. Date: 20040401 Docket: A-328-03 Citation: 2004 FCA 160 CORAM: STRAYER J.A. NOËL J.A. SEXTON J.A. BETWEEN: THE ATTORNEY GENERAL OF CANADA Applicant and THOMAS LEUNG Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Vancouver, British Columbia on April 1, 2004) SEXTON J.A. [1] We are unable to conclude that the decision of the Umpire was palpably wrong in the result. He concluded, as apparently did the minority of the Board of Referees, that Mr. Leung had every reason to expect that his employment with Integrated Cable Systems Inc. would continue and therefore had just cause for leaving the employment with Shanghai Chinese Bistro. [2] The application will be dismissed. (Sgd.) "J. Edgar Sexton" J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-328-03 Application for Judicial Review of a decision by the Umpire dated May 14, 2003 STYLE OF CAUSE: The Attorney General of Canada v. Thomas Leung PLACE OF HEARING: Vancouver, BC DATE OF HEARING: April 1, 2004 REASONS FOR JUDGMENT OF THE COURT: Strayer, JA Noël, JA Sexton, JA DELIVERED FROM THE BENCH BY: Sexton, JA APPEARANCES: Mr. Edward Burnet Department of Justice FOR THE APPLICANT No one appearing FOR THE RESPONDENT SOLICITORS OF RECORD: Mr. Morris Rosenberg Deputy Attorney General of Canada FOR THE APPLICANT