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Ontario Court of Appeal dismissed a broad challenge by healthcare workers to COVID-19 vaccination policies, striking the claim as an abuse of process and for no reasonable cause of action.
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 chambers judge correctly implied a contractual term permitting the employer to implement workplace health and safety policies; once that implied term exists the employer's implementation of a specific policy (here the MVP) is governed by whether the policy and any resulting administrative suspension are reasonable and justified, and the judge did not err in finding the MVP and the unpaid leave were reasonable and justified; appeal dismissed.
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The Court dismissed the judicial review application because the Board’s decision was reasonable: the record demonstrated the union had attempted representation, explained its strategy, obtained legal advice, and legitimately withdrew the grievance due to the applicant’s repeated non-cooperation; there was no evidence of bad faith or arbitrariness and the Board permissibly decided without an oral hearing under the Code.
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The General Division correctly applied s.36: claimant lost or could not resume his substitute teaching positions at the named school boards because of labour disputes; his union membership and lack of regular employment elsewhere meant he was participating/interested in the dispute and remained disentitled to EI benefits as established by binding precedent (Schoen and related authorities).
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The Federal Court of Appeal dismissed the applications for judicial review because the CIRB reasonably concluded the complaints were filed outside the 90‑day statutory period, the dates the applicant ought to have known of the causes (Dec 14, 2022 for the CBC complaint; Mar 17, 2023 for the Union complaint) were supported by the record, and the applicant never sought an extension under paragraph 16(m.1) of the Code or otherwise established exceptional circumstances warranting intervention under the Vavilov reasonableness standard.
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La Cour fédérale accueille partiellement le contrôle judiciaire de Mme Ashby, jugeant déraisonnable le refus de la Commission des droits de la personne de statuer sur sa plainte.
The Court held the Labour Board acted reasonably in interpreting s.166(6), did not impose a probability standard for 'may', did not reverse the onus of proof, and properly set aside the Compliance Order because the evidence did not support even a plausible possibility that the excavation had destabilized the crane.
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Appeal allowed in part: the Federal Court erred in requiring proof of significant prejudice to establish unreasonable delay and in finding no clear right and no practical effect; appellants established that ERC delay was longer than the nature of its process required and ERC failed to provide a satisfactory, case‑specific justification; mandamus will issue compelling ERC to render findings and recommendations in each appellant's appeal within six months (subject to reasonable extension); second mandamus to compel publication of all‑inclusive service standards denied because section 28.1 confe…
Source excerpt
The Federal Court dismissed judicial review of an EI leave-to-appeal refusal, finding no procedural fairness breach, no legal error, and no reviewable factual error.
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