Federal Court Decision #A-480-94 - THE ATTORNEY GENERAL OF CANADA v. LESLIE, FREEMAN

JUDGMENT OF THE FEDERAL COURT OF APPEAL

Date:
May 9, 1995

Docket:
A-480-94

Umpire's Decision:
CUB 25075

CORAM :

STONE, J.A.
LINDEN, J.A.
ROBERTSON, J.A.

BETWEEN :

ATTORNEY GENERAL OF CANADA,

applicant,

-and-

LESLIE FREEMAN,

respondent.

Heard at Toronto, Ontario, Tuesday, May 9, 1995.

REASONS FOR JUDGMENT
(Delivered from the Bench at Toronto, Ontario
Tuesday, May 9, 1995)

ROBERTSON, J.A.:

Both the Unemployment Insurance Commission and the Board of Referees concluded that the respondent had voluntarily left his employment and hence was subject to certain penalties prescribed by the Unemployment Insurance Act. The decision of the Board was then appealed to the Umpire who allowed the appeal on the ground that the Board had erred in determining that the respondent did not have just cause for leaving his employment.

We are all of view the that the learned Umpire erred by substituting his own conclusions on the facts for that of the Board. It is clear that its reasons demonstrate an appreciation of the legal concept of "just cause" outlined in subsection 28(4) of the Act. That being the case it was open to the Board to arrive at the conclusion it did based on evidence which is not in dispute. The test for an Umpire's jurisdiction to interfere with the Board's findings of fact was stated in Roberts v. Canadian Employment and Immigration Commission (1985) 60 N.R. 349 at 352 (F.C.A.):

In our view the proper test for an Umpire to apply under [80(c)] is whether there was any evidence upon which the Board of Referees could have found as they did or whether they made any mistake of principle.

We can find no such error on the part of the Board. Accordingly this section 28 application should be allowed, the decision of the Umpire set aside and the matter remitted to the Chief Umpire, or an Umpire designated by him, for redetermination on the basis that the Board did not err in concluding that the respondent had voluntarily lef this employment without just cause and that the appeal to the Umpire be dismissed.

"J. T. Robertson"
J.A.