The Federal Court dismissed judicial review of an SST Appeal Division decision denying EI benefits after non-compliance with Air Canada’s COVID-19 vaccination policy.
The court held that s.21(3) applies solely to benefits payable under plans for which an employer's premium has been reduced under regulations made under s.69(1). Because the employer was not enrolled in that program and CNESST is a provincial statutory scheme not covered by s.69(1), the Appeal Division misapplied s.21(3); its decision was not justified by law and was set aside and remitted for reconsideration.
Source excerpt
Interpretation of statutory deduction provisions
Eligibility for extended ei benefits
Interaction between provincial workers' compensation and federal ei regime
The Federal Court granted summary judgment and struck out Darwin Yanchak’s claim seeking recovery of EI-related garnished monies, finding no genuine issue for trial and no costs.
The Appeal Division held that s.153.17 did not create or contribute to discrimination contrary to s.15(1) once read in the context of the Employment Insurance Act and the suite of pandemic measures; the General Division erred in fact and law by failing to distinguish disadvantages caused by the pandemic and by not properly assessing the legislative context and resource allocation, therefore s.153.17 is constitutional and the respondent cannot use the one‑time credit for a second claim.
The Federal Court dismissed judicial review of a CRA redetermination requiring repayment of $2,000 CERB because the applicant also received EI-ERB for the same period.
The Federal Court dismissed judicial review of CRA decisions denying CERB and CRCB benefits, finding the applicant’s compassionate care EI benefits did not count toward the income threshold.
La Cour fédérale rejette le contrôle judiciaire portant sur un refus de défalcation d’un trop-perçu d’assurance-emploi, jugeant la décision raisonnable.
The Tax Court dismissed Kurtis Astle’s appeals, holding he remained liable as a director for unremitted source deductions and that the reassessments were timely.
The Court upheld the Federal Court's application of the reasonableness standard and found the Division of Appeal's decision reasonable because the evidentiary record showed the appellant did not actively seek work and deliberately restricted his availability by waiting for the emergency order to be lifted; therefore refusal of permission to appeal and the underlying finding of ineligibility for employment insurance for the period in question were reasonable. Challenges to the emergency order and vaccination policy, and unsubstantiated allegations of bias, were irrelevant or unsupported and di…
The Federal Court granted judicial review, finding the Commission’s refusal to write off an EI overpayment unreasonable because it failed to address the applicant’s key arguments.
Write-off of overpayment under s.56 of the employment insurance regulations
Eligibility under s.25 of the employment insurance act