Canada Case Law

Musani v. Canada (Attorney General)

Court

Federal Court of Appeal

The Appeal Division's decision was reasonable: the Court refused to consider Charter arguments raised for the first time on judicial review; the applicant failed to prove good cause under s.10(4) EI Act for the entire period of delay such that antedating to May 22, 2022 was warranted, and even allowing a limited antedate to August 2023 would not produce sufficient insurable hours to qualify; therefore the application is dismissed.

Source excerpt

• Antedating of ei claims
• Good cause
• Standard of review
• Procedural fairness
• Charter issues raised late

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Touri c. Canada (Défense nationale)

Court

Federal Court of Appeal

The Court held the Commission acted within its statutory authority and procedural discretion, there was no reasonable apprehension of bias warranting recusal, no breach of procedural fairness or s.15 equality, and the Commission’s refusal to sustain the complaint was reasonable because the applicant failed to discharge the evidentiary burden by not presenting evidence or attending the hearing.

Source excerpt

• Procedural fairness
• Recusal and reasonable apprehension of bias
• Judicial review - reasonableness
• Charter s.15 equality
• Virtual hearings and mode of hearing
• Burden of proof under labour statute

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Podmoroff v. Canada (Attorney General)

Court

Federal Court

The Federal Court dismissed Podmoroff’s judicial review, finding the RCMP grievance redetermination reasonable and procedurally fair, and upheld costs against him.

• Judicial review
• Procedural fairness
• Reasonable apprehension of bias
• Redress
• Promotions and staffing
• Evidence admissibility

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Irvine v. Canada (Attorney General)

Court

Federal Court

The Federal Court set aside an RCMP conduct appeal decision, finding the adjudicator’s jurisdictional reasoning unreasonable and remitting the matter to the Commissioner.

• Jurisdiction of decision-maker
• Mootness
• Procedural fairness
• Reasonableness review (vavilov)
• Judicial-review
• Administrative-law

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MacLean v. Fraser

Court

Supreme Court of Nova Scotia

The NSPRB breached procedural fairness and acted unreasonably by assuming jurisdiction over a public complaint that had not been referred by the Complaints Commissioner and by conducting the related hearing behind closed doors without appropriate notice to the media; the NSPRB’s decision is quashed and the matter is remitted to a differently constituted NSPRB panel to avoid reasonable apprehension of bias; costs awarded to the Chief Officer and the complainant.

Source excerpt

• Procedural fairness
• Jurisdiction
• Publication ban / open court principle
• Remittal
• Reasonable apprehension of bias
• Statutory interpretation

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Favel Transportation Inc v. Food Inspection Agency (Canada)

Court

Federal Court of Appeal

The application was dismissed as premature because Favel Transportation failed to demonstrate exceptional circumstances warranting judicial review of an interlocutory recusal decision prior to a final administrative decision; costs were awarded and the style of cause was amended to name the Canadian Food Inspection Agency.

Source excerpt

• Recusal
• Reasonable apprehension of bias
• Interlocutory decisions
• Prematurity
• Final decision rule
• Style of cause amendment

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CM v Canada Employment Insurance Commission

Court

Social Security Tribunal of Canada

Leave to appeal was refused because the Appeal Division found no arguable case that the General Division committed a jurisdictional, procedural, legal or perverse factual error; the General Division applied the correct legal test for "good cause," considered medical evidence and the claimant's activities, and its conclusions were supportable on the record.

Source excerpt

• Leave to appeal
• Good cause for delay
• Procedural fairness
• Capacity/incapacity
• Exceptional circumstances
• Factual review standard

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SB v Canada Employment Insurance Commission

Court

Social Security Tribunal of Canada

The appeal is dismissed because it was filed beyond the 30‑day statutory deadline and the Appellant failed to provide any reasonable explanation for the delay when given the opportunity, therefore no extension of time could be granted.

Source excerpt

• Extension of time
• Time limits and limitation periods
• Late appeal
• Reconsideration
• Presumption of receipt
• Postal delay

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Costea v. Canada (Attorney General)

Court

Federal Court of Appeal

The Appeal Division reasonably applied the misconduct test and correctly found disentitlement where the applicant knowingly failed to comply with her employer's COVID-19 vaccination policy; the employer's decision to suspend rather than dismiss and the employee's asserted reasons for non-compliance (including religious beliefs) were legally irrelevant to the s.31 misconduct analysis, and the application for judicial review is dismissed for lack of demonstrated error.

Source excerpt

• Misconduct under section 31 of the ei act
• Standard of review and reasonableness (vavilov)
• Employer disciplinary measures (suspension vs dismissal)
• Religious exemption to workplace policies
• Application of tribunal decisions on vaccination policies

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Cornwallis Farms Limited v. Nova Scotia (Attorney General)

Court

Nova Scotia Court of Appeal

The Court held the Board did not err in law: in context the undefined term "intensive" in Policy 4.5.24(c) reasonably refers to focused, facility-based livestock activity (barns/feedlots/manure facilities) rather than intermittent outdoor pasturing; evidence showed the Pasture's use was seasonal and not intensive, the LUB's definitions and separation rules support that interpretation, and the Board properly accepted the Traffic Impact Study approved by the Department of Public Works; accordingly the Council's approval reasonably carried out the intent of the MPS and the appeal was dismissed.

Source excerpt

• Development agreement
• Municipal planning strategy interpretation
• Buffer zones between agricultural and residential uses
• Livestock operations
• Standard of review on statutory appeals
• Traffic impact assessment

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