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The court ordered further document disclosure in a construction dispute, including an unredacted hazmat report, and rejected requests for a police investigation and private investigator.
Claimant's working conditions were dangerous, but he had a reasonable alternative to quitting—pursuing the CNESST investigation and awaiting its outcome while not at immediate risk—so he did not have just cause under s.29(c)(iv) of the EI Act; appeal dismissed and claimant disqualified from EI benefits.
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The court convicted J. Cote and Son Excavating Ltd. of criminal negligence causing death and bodily harm after a trench collapse, but acquitted David John Green.
The appellant voluntarily quit but did not prove just cause because the noise exposure was within regulatory limits, she produced no medical documentation establishing that her job was a danger to her health or that she was instructed to quit, and she had reasonable alternatives (leave, formal complaint, accommodation request, seeking other work, or obtaining medical endorsement to resign) before resigning; therefore she is disqualified from EI benefits.
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Appeal dismissed. The Court of Appeal held the review officer reasonably declined administrative penalties and did not breach procedural fairness or show bias.
The Appellant voluntarily resigned on November 14, 2024. Although some adverse facts were proven (a single public harassment incident by the plant manager, a LockOut/TagOut safety issue, and a demotion removing lead-hand duties), the Appellant failed to prove he had no reasonable alternative to quitting. A common reasonable alternative applicable to the proven grounds was to remain employed while seeking new employment or pursue employer/administrative remedies prior to quitting. Because he did not exhaust or pursue those reasonable alternatives before resigning, the Tribunal concluded there…
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The Federal Court of Appeal held that the Head's determination that the work refusal was frivolous under paragraph 129(1)(b) of the Canada Labour Code was reasonable and rendered without procedural unfairness or demonstrable bias; the appellant failed to show the decision was unreasonable or that the reasons were inadequate in context; the appeal was dismissed.
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Appellant voluntarily resigned but did not establish just cause because he had reasonable alternatives (notably awaiting an independent CNESST inspection and pursuing employer remedies); the evidence did not demonstrate imminent risk or criminal negligence sufficient to justify immediate quitting, therefore he is disqualified from EI benefits.
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The Federal Court of Appeal held the CIRB's decision was reasonable: s.128 allows an employee to report a work refusal orally and does not compel participation in employer investigatory meetings or completion of forms; once a valid work refusal is established the burden shifts to the employer and discipline imposed before all investigations and appeals are concluded cannot be justified under s.147.1; the Board did not breach procedural fairness by deciding without an oral hearing under s.16.1 and the application for judicial review was dismissed with costs.
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To trigger the higher maximum in OHSA s.74(1B) the Crown must prove beyond a reasonable doubt that the omission underlying the offence was a significant contributing cause of the fatality; the Crown did not meet that burden for any of the offences; s.74(1B) therefore does not apply; convictions upheld and fines and education fund donations imposed: BECI Count 2 $40,000 plus 15% VFS; BECI Count 5 $40,000 plus 15% VFS and $10,000 to Education Fund (cumulative total $102,000 CAD); GEMTEC Count 11 $45,000 plus 15% VFS and $10,000 to Education Fund (total $61,750 CAD); NSP Count 16 $75,000 plus 15…
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