Canada Case Law

JW v Canada Employment Insurance Commission

Court

Social Security Tribunal of Canada

Leave to appeal refused because the Appeal Division found no arguable case of jurisdictional, procedural, legal, or perverse factual error: the General Division applied the correct misconduct test, had evidence that the Claimant lacked a clear criminal record and that the employer required a clear record as a condition of employment, and there were no viable grounds showing unfair hearing, nondisclosure, bias, or misapplication of contract or equitable law that would justify leave.

Source excerpt

• Leave to appeal
• Misconduct under ei act
• Disclosure
• Bias/apprehension of bias
• Contract law applicability
• Criminal record checks

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PT v Canada Employment Insurance Commission

Court

Social Security Tribunal of Canada

The Commission failed to prove on the balance of probabilities that the claimant engaged in wilful misconduct: the claimant completed the criminal record declaration and authorized an investigation, the relevant convictions predated employment and were historic, the employer performed a post‑hire review and did not produce investigation records, and the claimant did not deliberately withhold information or act so recklessly as to amount to misconduct; therefore the dismissal was not for misconduct under the Act.

Source excerpt

• Misconduct
• Disqualification from benefits
• Criminal record checks
• Security screening
• Withholding information
• Burden of proof

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Schuetze v. Pyper

Court

Supreme Court of British Columbia

The court refused sealing and full anonymization, but ordered targeted redactions to protect the children’s identities while preserving open-court access.

• Open court principle
• Anonymity and sealing orders
• Best interests of the child
• Privacy of children
• Proportionality
• Criminal records act s.6.1

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RH v. Canada (Immigration, Refugees and Citizenship)

Court

Federal Court

The Federal Court granted an immigration applicant’s motion to anonymize the style of cause, finding the restriction necessary and proportionate and not a Rule 151 confidentiality order.

• Anonymization
• Open court principle
• Proportionality
• Record suspension
• Confidentiality orders
• Federal courts rules

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