Canada Case Law

AH v Canada Employment Insurance Commission

Court

Social Security Tribunal of Canada

The General Division did not err on fact or procedurally, but exceeded its jurisdiction by adjudicating an allocation and overpayment (week of April 6, 2025) that were not subject to a reconsideration decision; the Appeal Division rescinded the General Division's findings and overpayment for that week, and confirmed the General Division's decision as to the May 2025 reconsidered allocations and the $2,004.00 overpayment for April 13, 20 and 27, 2025.

Source excerpt

• Overpayment
• Reconsideration
• Allocation of earnings
• Procedural fairness
• Jurisdictional error
• Error of fact

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Arkell v. Civil Resolution Tribunal

Court

Supreme Court of British Columbia

The court found the parties had reached a March 5, 2024 settlement and directed the CRT to reconsider whether it should have proceeded to hearing; costs were awarded to the petitioner.

• Judicial review
• Settlement enforcement
• Procedural fairness
• Standard of review
• Costs
• Judicial-review

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Yeung v. The Owners, Strata Plan EPS 1831

Court

Supreme Court of British Columbia

The court dismissed Ms. Yeung’s civil claim, finding her strata dispute fell within the Civil Resolution Tribunal’s jurisdiction and should be decided there.

• Jurisdiction
• Stay or dismissal
• Civil resolution tribunal
• Strata bylaws
• Costs
• Strata-law

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CH v Canada Employment Insurance Commission

Court

Social Security Tribunal of Canada

The General Division committed a jurisdictional error by deciding the Claimant's insurable hours where those hours were in dispute; the proper course is to remit the matter to the General Division after the Commission obtains a CRA ruling on insurable hours and insurable earnings.

Source excerpt

• Insurable hours
• Jurisdictional error
• Record of employment
• Cra ruling
• Overpayment

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Hui v. The Owners, Strata Plan BCS3702

Court

Supreme Court of British Columbia

The court held it had concurrent jurisdiction over a strata unfairness claim, refused to refer the matter to the CRT, and declined to convert the action to a petition.

• Significant unfairness
• Jurisdictional transfer to crt
• Attornment
• Conversion to petition
• Document discovery
• Proportionality

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RW v Minister of Employment and Social Development

Court

Social Security Tribunal of Canada

Because the estates had not applied for the CPP death benefits and the appellant applied as next-of-kin, the Minister lacked legal authority to pay the benefits to the estates; the Minister ignored relevant factors and thus failed to exercise its discretion judicially, so the Tribunal substitutes the decision the Minister should have made and awards the death benefits to the appellant; the Tribunal lacks jurisdiction to decide the separate set-off issue regarding overpayments.

Source excerpt

• Cpp death benefit
• Overpayment and set-off
• Reconsideration
• Ministerial discretion
• Next-of-kin entitlement

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Adelaide Metcalfe (Township) v. Strathroy-Caradoc (Municipality)

Court

Court of Appeal for Ontario

The Divisional Court lacked jurisdiction to hear the appeal because the Ontario Land Tribunal's jurisdictional determination was interlocutory on its face (prima facie, with key issues deferred and an ongoing Superior Court proceeding); appeals under s.24(1) of the Ontario Land Tribunal Act are confined to final decisions absent clear statutory language to the contrary; accordingly the Divisional Court's order quashing the Tribunal was set aside and the Tribunal's order restored.

Source excerpt

• Interlocutory appeal
• Statutory interpretation
• Jurisdiction of administrative tribunals
• Municipal servicing agreement
• Leave to appeal

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Waterhen Lake First Nation v. Canada

Court

Federal Court of Appeal

The Tribunal reasonably concluded that, on its face, the Declaration of Claim was based on treaty harvesting rights which are expressly excluded from Tribunal jurisdiction by paragraph 15(1)(g) of the Specific Claims Tribunal Act and that harvesting rights do not constitute "other assets" under paragraphs 14(1)(a) or (c) because the Act defines assets as "tangible property"; accordingly the strike under paragraph 17(a) was reasonable.

Source excerpt

• Specific claims tribunal act
• Harvesting rights exclusion
• Motions to strike
• Remedies and compensation
• Evolution of specific claims policy

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AL v Minister of Employment and Social Development and The Estate of MC

Court

Social Security Tribunal of Canada

Leave to appeal refused because the Applicant failed to raise an arguable legal error by the General Division—which correctly held it lacked jurisdiction to review the Minister's administrative‑error debt‑waiver decision—and the Applicant produced no new relevant evidence.

Source excerpt

• Overpayment
• Marital status
• Administrative error
• Jurisdiction to review ministerial decisions
• Waiver of debt

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Canada v. Hirschfield

Court

Federal Court of Appeal

The Federal Court of Appeal allowed the Crown's appeal and set aside certification because the essential character of the pleaded claims is to recover amounts owed under the Pension Act; those matters fall within the VRAB’s "full and exclusive jurisdiction" and thus the Federal Court lacks jurisdiction to adjudicate the class claims; consequently a Federal Court class action is not the preferable procedure.

Source excerpt

• Certification
• Exclusive jurisdiction
• Preferable procedure
• Statutory offset
• Unjust enrichment
• Breach of fiduciary duty

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