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Human rights 2026 CHRT 8

Tibilla v. Canada Revenue Agency

The Tribunal partially granted a stay, pausing retaliation allegations under section 14.1 while allowing discrimination claims under section 7 to proceed in phases.

  • Stay of proceedings
  • Bifurcation
  • Retaliation
  • Discrimination
  • Issue estoppel
  • Judicial review
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Employment 2026 NSSM 1

Kordolemis v. Sobeys Capital Incorporated

Adjudicator found on the balance of probabilities the claimant used the epithets N and F at work; the Respectful Workplace Policy was an implied term of his employment; the language breached essential conditions of the employment contract, breached the faith inherent to the work relationship and constituted wilful misconduct under s.72 of the Labour Standards Code and just cause at common law; therefore summary dismissal without notice or pay was justified and the claim was dismissed.

  • Just cause dismissal
  • Wilful misconduct (labour standards)
  • Progressive discipline
  • Implied contractual terms
  • Workplace respectful conduct
  • Racial and homophobic slurs
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Contract 2025 BCSC 2260

Choiniere v. Retire West Communities Ltd.

The court found a binding contract for Unit 37 arose when Retire West sent the February 8, 2022 contract and note, and the plaintiffs signed and returned them.

  • Formation of contract
  • Offer and acceptance
  • Vendor take-back financing
  • Time of the essence
  • Declaratory relief
  • Occupational rent
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Social security 2025 SST 907

JP v Minister of Employment and Social Development

The appeal is dismissed because the appellant did not prove a severe disability by December 31, 2019 (MQP) — medical evidence shows diagnoses predating the MQP, there is no onset evidence within the prorate window (Jan 1–Feb 29, 2024), and the appellant demonstrated capacity for substantially gainful work after the MQP (employment and 2022 earnings above the substantially gainful threshold).

  • Canada pension plan disability
  • Proration
  • Minimum qualifying period (mqp)
  • Severe and prolonged disability
  • Substantially gainful work
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Human rights 2025 CHRT 73

Shirafkan v. Immigration, Refugees and Citizenship Canada

The Tribunal struck the Complainant’s SOP as broader than the Commission referral and ordered an amended SOP limited to the referred hiring discrimination issues.

  • Age discrimination
  • National or ethnic origin discrimination
  • Scope of tribunal jurisdiction
  • Motion to strike statement of particulars
  • Disclosure and witness lists
  • Procedural proportionality
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Social security 2025 SST 735

Minister of Employment and Social Development v RA

The claimant failed to prove on the balance of probabilities that he was incapable regularly of pursuing any substantially gainful occupation by December 31, 2013 because contemporaneous 2013 medical records limited him primarily to restriction from overhead work while showing no restrictions on sitting, the MRI evidence did not establish functional incapacity at that date, later deterioration was attributable to post‑2015 events, and the claimant’s later substantially gainful earnings in 2019 (with no benevolent employer) undermined the claim of incapacity at the MQP; therefore the appeal is…

  • Cpp disability eligibility
  • Minimum qualifying period
  • Severe and prolonged disability
  • Substantially gainful occupation
  • Evidence assessment
  • Benevolent employer
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Human rights 2025 CHRT 67

White v. Canadian Nuclear Laboratories Ltd.

The Tribunal dismissed Stacy White’s human rights complaint, finding she did not prove a disability with a functional limitation requiring her to avoid face-to-face contact with a co-worker.

  • Duty to accommodate
  • Prima facie discrimination
  • Functional limitation
  • Admissibility of expert evidence
  • Duty to inquire
  • Disability-discrimination
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Human rights 2025 CHRT 41

Loconte v. Air Canada

The Tribunal refused to dismiss Sebastiano Loconte’s disability complaint, finding prior WSBC, CIRB and arbitration proceedings did not clearly decide the same human rights issues.

  • Reasonable accommodation
  • Dismissal
  • Jurisdiction to provide remedies
  • Issue estoppel / res judicata
  • Duty of fair representation
  • Arbitration review
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Immigration 2025 FC 835

Guitang v. Canada (Citizenship and Immigration)

The Federal Court granted judicial review of a work permit refusal, finding the officer unreasonably treated non-mandatory NOC requirements as mandatory.

  • Lmia requirements
  • Noc occupational requirements
  • Interpretation of optional vs mandatory requirements
  • Standard of review (reasonableness)
  • Judicial review and redetermination
  • Lmia-requirements
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.