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Employment insurance law 2026 FC 584

Pagano v. Canada (Attorney General)

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.

  • Misconduct
  • Just cause
  • Reasonable decision review
  • Vaccination policy
  • Religious accommodation
  • Procedural fairness
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Administrative law 2026 CAF 77

Canada (Procureur Général) c. Joseph

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.

  • Interpretation of statutory deduction provisions
  • Eligibility for extended ei benefits
  • Interaction between provincial workers' compensation and federal ei regime
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Employment insurance law 2026 FC 335

Yanchak v. Canada

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.

  • Garnishment
  • Finality of tribunal decisions
  • Reconsideration time limits
  • Summary judgment
  • Statute-bar
  • Costs
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Constitutional law 2026 TSS 76

Commission de l’assurance-emploi du Canada c RL

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.

  • Section 15 charter equality
  • Gender discrimination
  • Covid‑19 temporary measures
  • Statutory interpretation
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Administrative law 2026 FC 73

Konarowski v. Canada (Attorney General)

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.

  • Cerb
  • Ei-erb
  • Eligibility
  • Overpayment recovery
  • Reasonableness review
  • Statutory interpretation
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Administrative law 2025 FC 1551

Arsenault v. Canada (Attorney General)

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.

  • Canada emergency response benefit (cerb)
  • Canada recovery caregiving benefit (crcb)
  • Eligibility
  • Procedural fairness
  • Reasonableness review
  • Cerb
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Administrative law 2025 CF 1346

Khadr c. Canada (Procureur général)

La Cour fédérale rejette le contrôle judiciaire portant sur un refus de défalcation d’un trop-perçu d’assurance-emploi, jugeant la décision raisonnable.

  • Write-off of overpayments
  • Eligibility for employment insurance benefits
  • Insurable hours and reference period
  • Standard of review (reasonableness)
  • Undue hardship
  • Judicial-review
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Tax law 2025 TCC 105

Astle v. The King

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.

  • Director liability
  • Due diligence (directors)
  • Statute of limitations (s.227.1(4))
  • Resignation effective date
  • Source deductions
  • Director-liability
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Administrative law 2025 CAF 88

Otoman c. Canada (Procureur général)

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…

  • Availability for work
  • Standard of review (reasonableness)
  • Tribunal independence
  • Allegations of bias
  • Covid-19 vaccination policy
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Administrative law 2025 FC 730

Pelletier v. Canada (Attorney General)

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
  • Reasonableness and duty to justify (vavilov)
  • Language rights and procedural fairness
  • Remittal for redetermination
  • Employment-insurance
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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.