EMPLOYMENT INSURANCE |
Canada (Attorney General) v. Lessard
A-249-01
2002 FCA 469, Décary J.A.
23/11/02
8 pp.
Judicial review of Board of Referees' decision defendant had just cause to leave employment to take 13-week training course at Quebec Institut de Police as then had reasonable assurance of another employment within reasonable time-- Whether fact defendant left employment in order to take training course constituted "voluntary leaving" within meaning of Employment Insurance Act (EIA), s. 29-- Claimant wishing to rely on s. 29(c) not required to show falling under one of circumstances expressly listed in paragraph--List only by way of illustration of general rule claimant can present evidence that "having regard to all the circumstances" he "had no reasonable alternative to leaving" --In determining whether departure voluntary, situation described in s. 29(c)(vii) assuming three things: (i) reasonable assurance; (ii) another employment; (iii) immediate future-- Although not necessary to decide point, doubtful there can be "reasonable assurance of another employment" within meaning of EIA when obtaining employment conditional on completion of 13-week course not yet started--As regards "immediate future", clear condition not met: first, future employment conditional on completion of course; second, time lapse 13 weeks--Observation inconsistent with idea of "immediate future"--Settled law fact of claimant leaving employment voluntarily to go back to school or take training course not just cause within meaning of EIA--Application allowed--Employment Insu-rance Act, S.C. 1996, c. 23, s. 29.