Canada Case Law

X v Canada Employment Insurance Commission and SM

Court

Social Security Tribunal of Canada

Because the manager gave a clear, work‑related direction and expressly warned the claimant that continued refusal was insubordination and violated company Standards that warn dismissal is possible, the claimant willfully refused a managerial direction, should have known dismissal was a real possibility, and his refusal interfered with his duty of obedience to the employer; accordingly his dismissal constituted misconduct under EI jurisprudence and disqualifies him from benefits.

Source excerpt

• Misconduct
• Insubordination
• Dismissal
• Appeal grounds
• New evidence
• Standard of review

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Canada Employment Insurance Commission v GS

Court

Social Security Tribunal of Canada

The General Division lacked jurisdiction to re‑decide the Appeal Division's final finding that the Claimant voluntarily left; the Appeal Division rescinded the General Division decision and, on the complete record, found the Claimant did not have just cause because he had reasonable alternatives (did not attempt to resolve allocation concerns with employer nor seek other work), therefore he is disqualified from EI benefits.

Source excerpt

• Voluntary leaving
• Just cause
• Jurisdiction
• Remedy
• Res judicata

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KA v Canada Employment Insurance Commission

Court

Social Security Tribunal of Canada

The appellant voluntarily refused to resume employment on May 15, 2023; the employer offered an accommodation consistent with the appellant's medical recommendations; the appellant had reasonable alternatives (accept the accommodation, follow up with his doctor, engage the union or respond to employer communications) and therefore did not establish on the balance of probabilities that he had no reasonable alternative to quitting; accordingly he is disqualified from receiving EI benefits.

Source excerpt

• Voluntary leaving
• Just cause
• Reasonable accommodation
• Discrimination
• Misconduct
• Workplace safety

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MV v Canada Employment Insurance Commission

Court

Social Security Tribunal of Canada

The Appeal Division will not consider appeals of General Division interlocutory decisions before the General Division issues its final decision unless exceptional circumstances are shown; the applicant failed to establish exceptional circumstances and allegations of bias alone do not meet that threshold, so the application is premature and must be dismissed.

Source excerpt

• Interlocutory appeal
• Bias/recusal
• Prematurity
• Case management

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JL v Canada Employment Insurance Commission

Court

Social Security Tribunal of Canada

The Tribunal held that $323,219 of the settlement ($293,723 for lost wages and $29,496 for loss of flexible allowance) are earnings under s.35 and must be allocated under ss.36(9)-(10) beginning the week of separation (November 19, 2013); $12,500 for lump sum travel allowance is not earnings because it reimbursed job-related expenses; Commission's allocation must be recalculated to exclude the $12,500; appeal allowed in part.

Source excerpt

• Severance pay
• Earnings allocation
• Overpayment recovery
• Tribunal jurisdiction
• Settlement agreement interpretation

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ZB v Canada Employment Insurance Commission

Court

Social Security Tribunal of Canada

Leave to appeal refused because the Applicant failed to show an arguable legal error under DESDA s.58(1): SSTR s.2 governs procedural interpretation not substantive outcomes or public health costs; s.23.2(1) of the EIA is not discriminatory as benefits require a child to be critically ill irrespective of disability and the claimant's child did not meet that definition; and CERA s.58(1) is time-limited and not retroactive so it could not be relied on to eliminate the medical certificate requirement.

Source excerpt

• Family caregiver benefits
• Leave to appeal
• Interpretation of regulations
• Retroactivity
• Discrimination under chra
• Covid-19 emergency legislation

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CF v Canada Employment Insurance Commission

Court

Social Security Tribunal of Canada

Child was hospitalized for one week during the parental window (May 29–June 2, 2019); therefore the 52-week standard parental benefit window is extended by one week to June 6, 2020, entitling the claimant to one week of parental benefits (May 31–June 6, 2020); other weeks are denied as outside the statutory window and administrative misinformation cannot expand statutory entitlement.

Source excerpt

• Parental benefits
• Parental benefit window
• Extension for hospitalization
• Administrative misinformation
• Statutory interpretation

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Maung v. Canada (Attorney General)

Court

Federal Court

The Federal Court dismissed judicial review of an Appeal Division leave refusal, finding no procedural unfairness and no unreasonable error under the Employment Insurance Act.

• Compassionate care benefits
• Family caregiver benefits
• Benefit period rules
• Leave to appeal
• Procedural fairness
• Standard of review

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J. O. v. Canada Employment Insurance Commission

Court

Social Security Tribunal of Canada

Leave to appeal was refused because the Appeal Division is not satisfied there is an arguable case: the General Division considered the claimant's evidence, applied settled law in finding no good cause or exceptional circumstances for delay, and the Appeal Division cannot reweigh the facts or reassess the evidence to reach a different conclusion.

Source excerpt

• Leave to appeal
• Antedating/backdating ei claim
• Good cause for delay
• Reasonable person standard
• Appeal division jurisdiction under desda s.58(1)

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M. R. v. Canada Employment Insurance Commission

Court

Social Security Tribunal of Canada

The Appeal Division dismissed the appeal because the General Division did not err: the evidence did not establish undue employer pressure under s.29(c)(xiii), and it reasonably concluded the claimant had alternatives (discuss condition, take sick leave, seek other employment) and therefore left without just cause.

Source excerpt

• Just cause for voluntary leaving
• Undue pressure by employer (s.29(c)(xiii) ei act)
• Reasonable alternatives to quitting
• Standard of review on appeal

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