[1] We are of the view that the Umpire erred in the tests employed in deciding this matter. Tanguay v. C.E.I.C. (1985), 68 N.R. 154 held that reasonableness in leaving one's job is insufficient just cause; there must be no reasonable alternative to leaving one's employment. Moreover, to quit one's job to attend school is not considered just cause under the Act and the jurisprudence. Nor was there a "reasonable assurance" of a new job, as defined in the Act and Sobczak CUB 24538E, given the conditional nature of the offer. The jurisprudence is also clear that misinformation by the Commission is no basis for relief from the operation of the Act.

[2] This application for judicial review will be allowed. The decision of the Umpire will be set aside and the matter will be remitted to the Chief Umpire to be decided in accordance with these reasons. No costs.

"A. M. Linden"

J.A.

FEDERAL COURT OF CANADA

Names of Counsel and Solicitors of Record

DOCKET: A-41-02

STYLE OF CAUSE: ATTORNEY GENERAL OF CANADA

Applicant

- and -

ROBERT SHAW

Respondent

DATE OF HEARING: TUESDAY, SEPTEMBER 10, 2002

PLACE OF HEARING: TORONTO, ONTARIO

REASONS FOR JUDGMENT

OF THE COURT BY: LINDEN J.A.

DELIVERED FROM THE BENCH AT TORONTO, ONTARIO ON TUESDAY, SEPTEMBER 10, 2002.

DATED: WEDNESDAY, SEPTEMBER 11, 2002

APPEARANCES BY: Ms. Sharon McGovern

For the Applicant

Mr. Robert Shaw

For the Respondent, on his own behalf

SOLICITORS OF RECORD: Morris Rosenberg

Deputy Attorney General of Canada

For the Applicant

Robert Shaw

87 Vincent Street

Barrie, Ontario

L4M 3Y5

For the Respondent, on his own behalf

FEDERAL COURT OF APPEAL

Date: 20020911

Docket: A-41-02

BETWEEN:

THE ATTORNEY GENERAL OF CANADA

Applicant

- and -

ROBERT SHAW

Respondent

REASONS FOR JUDGMENT

OF THE COURT

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Canada (Attorney General) v. Shaw, 2002 FCA 325

Citations2002 FCA 325

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2002 FCA 325