Canada Case Law

DO v Canada Employment Insurance Commission

Court

Social Security Tribunal of Canada

The appellant voluntarily quit and failed to prove on the balance of probabilities that he had no reasonable alternative to quitting when he did; the lengthy commute and perceived hostility did not constitute just cause because alternatives (discussing solutions with employer, arranging carpool/transfer, requesting leave, or seeking other work while employed) were available or not shown to have been exhausted; therefore disqualification under s.30 of the Employment Insurance Act applies.

Source excerpt

• Voluntary leaving
• Just cause
• Reasonable alternatives
• Commute
• Workplace hostility
• Covid-19 vaccination

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ML v Canada Employment Insurance Commission

Court

Social Security Tribunal of Canada

The appellant intentionally refused to comply with a known mandatory vaccination policy, and she knew or ought to have known this could result in dismissal; such conduct satisfies the legal test for wilful misconduct under the Employment Insurance Act and therefore disqualifies her from EI benefits.

Source excerpt

• Misconduct
• Mandatory vaccination policy
• Disqualification from ei
• Charter rights (mentioned)

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Alexis v. Drury

Court

Supreme Court of British Columbia

The court dismissed Thomas Alexis’s claims for defamation and conspiracy arising from a memorandum about his termination of the Executive Director.

• Qualified privilege
• Malice
• Unlawful means conspiracy
• Authority of council
• In camera council proceedings
• Defamation

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