Lachebi c. Canada (Procureur général)

Lachebi c. Canada (Procureur général)

The Appeal Division's decision was reasonable because the uncontradicted evidence showed the applicant failed to complete mandatory training and voluntarily or negligently granted herself a prohibited power of attorney, meeting the statutory test for misconduct under ss.29-30 of the Employment Insurance Act;...

Source-derived case information.

Citation
2024 CAF 78
Parties
Applicant: Loubna Lachebi; Respondent: Attorney General of Canada
Court
Federal Court of Appeal
Jurisdiction
Canada
Judgment Date
25 April 2024
Procedural Posture
Judicial Review of Social Security Tribunal Appeal Decision Under S.28(1)(g.1) of the Federal Courts Act / Final Judgment
Outcome
Application for judicial review dismissed; decision of the Social Security Tribunal Appeal Division upheld
Legal Topics
Judicial Review, Reasonableness Standard, Misconduct in Employment, Eligibility for Employment Insurance
Source Language
fr
Administrative Law Employment Insurance Social Security Law Judicial Review Reasonableness Standard Misconduct in Employment Eligibility for Employment Insurance

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Parties

Loubna Lachebi

Applicant

Attorney General of Canada

Respondent

Procedural Posture

Judicial Review of Social Security Tribunal Appeal Decision Under S.28(1)(g.1) of the Federal Courts Act / Final Judgment

  1. 1 Whether the Social Security Tribunal Appeal Division's decision that applicant lost employment for misconduct under ss.29-30 of the Employment Insurance Act was reasonable
  2. 2 Whether proof of a culpable intent is required to establish misconduct under the Act
  3. 3 Whether the evidence supported the Tribunal's conclusion that the applicant acted voluntarily or with such negligence as to justify dismissal and denial of EI benefits

Ratio Decidendi

The Appeal Division's decision was reasonable because the uncontradicted evidence showed the applicant failed to complete mandatory training and voluntarily or negligently granted herself a prohibited power of attorney, meeting the statutory test for misconduct under ss.29-30 of the Employment Insurance Act; therefore the judicial review application was dismissed.

Court Disposition

Application for judicial review dismissed; decision of the Social Security Tribunal Appeal Division upheld

Orders

  • Application for judicial review dismissed
  • No costs awarded to the respondent as none were claimed