Federal Court Decision #A-189-98 - THE ATTORNEY GENERAL OF CANADA v. MAUREEN, J., MILLS

JUDGMENT OF THE FEDERAL COURT OF APPEAL

Date:
19980923

Docket:
A-189-98

Umpire's Decision:
CUB 40476

CORAM:

MARCEAU, J.A.
LÉTOURNEAU, J.A.
ROBERTSON, J.A.

BETWEEN:

ATTORNEY GENERAL OF CANADA,

applicant,

- and -

MAUREEN J. MILLS,

respondent.

REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Vancouver, British Columbia
on Wednesday, September 23, 1998)

MARCEAU, J.A.:

[1] We are all of the view that this application for review of a decision of an umpire, taken under the provisions of the Unemployment Insurance Act, is well founded.

[2] We have no choice, in view of the long-standing unanimous jurisprudence, but to repeat that leaving voluntarily one's employment in order to be in a better position to seek a more favourable one cannot be seen as leaving for a "good cause" within the meaning of section 28 of the Act. The umpire was definitely not entitled in law to interfere with the finding of the Board of Referees and his decision cannot be allowed to stand.

[3] The decision will therefore be set aside and the matter will be sent back to be reconsidered on the basis that the appeal from the decision of the Board of Referees cannot succeed.

" Louis Marceau "

J.A.