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The Federal Court dismissed two judicial review applications by Munchang Choi concerning DFO recruitment processes and a Public Service Commission refusal to investigate.
The Court of Appeal dismissed two leave applications, holding the impugned chambers directions were non-appealable procedural or courtroom-management rulings.
On the balance of probabilities the Commission did not prove the claimant's conduct was wilful or so reckless as to approach wilfulness given credible evidence of the claimant's intellectual disability, severe functional limitations, inability to understand French or English, anxiety affecting comprehension and signature of warnings, and the employer's inconsistent application of the no-consumption policy; therefore the dismissal was not for misconduct and the claimant is not disqualified from EI benefits.
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The Federal Court granted judicial review of a CHRC dismissal, finding the investigation lacked sufficient transparency and thoroughness and returning the matter for redetermination.
The applicant failed to show an arguable case because the General Division explicitly considered the claimant's disability-related restrictions and limitations and reasonably concluded the Commission acted judicially in refusing to extend time, so leave to appeal is refused.
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On the balance of probabilities the Appellant’s repeated conduct (frequent abusive communications, videotaping and following others, unsubstantiated peace bond applications, and a threatening incident on April 14, 2024) breached the statutory condition of good behaviour; the landlord’s early conduct by the superintendent was annoying and intrusive but did not, in context and on the evidence, constitute a breach of the landlord’s statutory duties or proof of deliberate use of noxious chemicals; therefore the Director’s order for vacant possession is confirmed and the appeal is dismissed.
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The Commission failed to prove on the balance of probabilities that the Appellant committed wilful misconduct leading to dismissal: the record shows she did not make false statements about the race, her omission did not amount to conduct a reasonable person would foresee as dismissible, and her participation in the race is consistent with intermittent, documented medical limitations and accommodation needs.
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Appeal allowed because the General Division failed to provide a fair process after the appellant disclosed PTSD by not inquiring about or offering accommodations, by threatening to mute the appellant's microphone and by refusing to explain treatment of late evidence; the proper remedy is to remit the matter to the General Division for a new hearing with steps to ensure accommodations and active adjudication.
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The General Division failed to consider material evidence and misdirected its analysis by focusing on employer conduct and accommodation; the record, including prior warnings, suspension and the claimant’s admissions, shows deliberate or nearly wilful breaches of safety rules (seatbelt and load‑height violations) that led to dismissal and therefore constitute misconduct under the EI Act.
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The petition was dismissed after the court found the co-op did not comply with natural justice in terminating Ms. Tetrault’s membership.
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