Canada Case Law

Moradi v. Whole Foods Market

Court

British Columbia Court of Appeal

Security for costs in the amount of $7,500 was ordered because the appeal was assessed as having little prospect of success and security was in the interests of justice; the appeal is stayed until security is posted; respondent granted an extension to file its factum until 30 days after posting; appellant's request for a stay of the lower court costs order was dismissed as unnecessary given respondent's undertaking not to enforce.

Source excerpt

• Security for costs
• Stay of proceedings
• Extension of time to file factum
• Judicial review
• Procedural fairness
• Reconsideration

Read case analysis

Pereira v. Dexterra Group Inc

Court

Supreme Court of British Columbia

The court struck the claim against the defendant law firm, finding no reasonable cause of action for civil fraud, abuse of process, breach of settlement, IIED, or fraud on the court.

• Strike pleadings
• Rule 9-5
• Civil fraud
• Abuse of process
• Breach of settlement agreement
• Intentional infliction of emotional distress

Read case analysis

DK v Canada Employment Insurance Commission

Court

Social Security Tribunal of Canada

The appellant voluntarily resigned and failed to prove on a balance of probabilities that he had no reasonable alternative to quitting when he did (he could have escalated concerns, requested a leave or taken his scheduled vacation, or sought other employment), therefore he lacked just cause and is disqualified from EI benefits.

Source excerpt

• Voluntary leaving
• Just cause
• Reasonable alternatives
• Workplace conditions
• Constructive dismissal
• Burden of proof

Read case analysis

PK v Canada Employment Insurance Commission

Court

Social Security Tribunal of Canada

The appellant did not establish just cause because the evidence showed the employer acted pursuant to policy (discipline and removal of six closed/inactive accounts), the interactions did not amount to harassment or undue pressure for which he was not primarily responsible, and he had reasonable alternatives (medical leave, seek other employment, escalate to HR); therefore the appellant is disqualified under the Employment Insurance Act.

Source excerpt

• Voluntary leaving (quit)
• Just cause
• Reasonable alternatives to quitting
• Harassment/antagonism by supervisor
• Disciplinary suspension

Read case analysis

TP v Canada Employment Insurance Commission

Court

Social Security Tribunal of Canada

Commission proved on a balance of probabilities that the claimant was aware of the employer's vaccination deadlines, failed to comply by the required dates (her accommodation request and supporting documents were submitted on or after October 31, 2021), and therefore her suspension was caused by wilful or sufficiently reckless non‑compliance constituting misconduct under EI law; claimant is disentitled to EI from November 1, 2021.

Source excerpt

• Misconduct
• Suspension
• Disentitlement from benefits
• Mandatory vaccination policy
• Religious accommodation
• Standard of proof

Read case analysis

Seaspan Marine Corporation v. Smolik

Court

Federal Court

Judicial review of a CHRT family-status discrimination ruling was dismissed. The Federal Court upheld Commission participation, the prima facie finding, and the undue-hardship analysis.

• Family status discrimination
• Duty to accommodate
• Bona fide occupational requirement
• Collective agreement interaction
• Public interest intervention
• Family-status-discrimination

Read case analysis

CT v Canada Employment Insurance Commission

Court

Social Security Tribunal of Canada

Leave to appeal refused because the General Division correctly applied governing law and precedent in finding the claimant wilfully refused a duly implemented vaccination policy, that refusal caused his dismissal and constituted misconduct under the EI Act, and the applicant identified no arguable reviewable error under s.58(1).

Source excerpt

• Misconduct
• Covid-19 vaccination policy
• Religious accommodation
• Charter rights
• Leave to appeal

Read case analysis

Rainy River First Nations v. Bombay

Court

Federal Court

The Federal Court dismissed Rainy River First Nations’ judicial review of an unjust dismissal ruling, finding no material evidence of bias and no procedural unfairness.

• Judicial review
• Bias/reasonable apprehension of bias
• Procedural fairness
• Admissibility of affidavit evidence
• Unjust dismissal
• Remedies and costs

Read case analysis

Atwood v. Canada (Attorney General)

Court

Federal Court

The Federal Court allowed an appeal from a prothonotary’s order striking a judicial review, holding the RCMP grievance route was not an effective remedy.

• Exhaustion of remedies
• Judicial review of administrative decisions
• Rcmp grievance process
• Interpretation of standing orders
• Access to administrative decision records
• Mandamus

Read case analysis

Mackie v. Via Rail Canada Inc.

Court

Federal Court

The Federal Court granted VIA Rail leave to file omitted tribunal exhibits and extended time for its responding record in a judicial review of a CHRC decision.

• Judicial review
• Record supplementation
• Federal courts rules
• Extension of time
• Evidence admissibility
• Rule 312

Read case analysis