Canada Case Law

MS v Minister of Employment and Social Development

Court

Social Security Tribunal of Canada

The Tribunal found on the balance of probabilities that the Appellant had a severe and prolonged disability as of February 2019 based on medical evidence and conceded position by the Minister; there was no evidence of actual bias or reasonable apprehension of bias; an oral hearing was unnecessary and posed unmitigable security risks, and a written hearing provided a full and fair opportunity; because the Minister received the application in October 2022 the MQP/backdating rules make the Appellant deemed disabled as of July 2021 and payments commence November 2021 (after the four‑month waiting…

Source excerpt

• Cpp disability pension
• Severe and prolonged disability
• Reasonable apprehension of bias
• Hearing format (in writing vs oral)
• Accommodation requests
• Effective date of payment

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Moll v. Canada (Attorney General)

Court

Federal Court

The Federal Court dismissed Nathaniel Moll’s judicial review, finding CSC’s grievance response on his medical care reasonable and awarding $100 costs.

• Judicial review - reasonableness
• Access to medical care in custody
• Disability discrimination
• Accommodation requests
• Costs
• Record redaction

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MM v Canada Employment Insurance Commission

Court

Social Security Tribunal of Canada

The Commission proved on a balance of probabilities that the appellant intentionally failed to comply with his employer's mandatory COVID‑19 vaccination/testing policy, and the appellant knew or ought to have known that such non‑compliance could lead to dismissal; under EI jurisprudence the focus is on the employee's conduct, therefore the dismissal constituted misconduct under the Employment Insurance Act and disqualifies him from benefits.

Source excerpt

• Misconduct
• Mandatory vaccination policy
• Privacy and data protection
• Accommodation requests
• Procedural fairness

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JR v Canada Employment Insurance Commission

Court

Social Security Tribunal of Canada

The appellant made a conscious, intentional decision not to comply with his employer's mandatory COVID‑19 vaccination policy and knew or ought to have known this could lead to suspension and dismissal; that deliberate failure constituted wilful misconduct under the EI Act, so he is disentitled from EI for the suspension period and disqualified after dismissal.

Source excerpt

• Misconduct
• Vaccination policy
• Suspension and dismissal
• Entitlement to benefits
• Accommodation requests
• Medical exemption

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LC v Canada Employment Insurance Commission

Court

Social Security Tribunal of Canada

The claimant knowingly and deliberately failed to disclose her COVID‑19 vaccination status after clear communications and deadlines; that conscious choice amounted to wilful misconduct under the Employment Insurance Act and thus disentitles her from EI benefits.

Source excerpt

• Misconduct
• Vaccination mandate
• Suspension
• Entitlement to ei benefits
• Accommodation requests

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JD v Canada Employment Insurance Commission

Court

Social Security Tribunal of Canada

The claimant’s deliberate refusal to comply with his employer’s mandatory COVID-19 vaccination and rapid-testing policy, having been warned of the consequences and having accepted them, constituted wilful misconduct under the EI Act and therefore disentitles him to EI benefits starting from his benefit period beginning February 6, 2022.

Source excerpt

• Misconduct
• Mandatory vaccination policy
• Termination
• Suspension
• Accommodation requests
• Privacy concerns

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NF v Canada Employment Insurance Commission

Court

Social Security Tribunal of Canada

The employer initiated the separation because the claimant repeatedly failed to provide proof of vaccination or required negative COVID‑19 tests despite warnings; that non‑compliance was a conscious choice amounting to wilful misconduct within the meaning of s.30 of the Employment Insurance Act, therefore the claimant is disqualified from EI benefits and the appeal is dismissed.

Source excerpt

• Misconduct
• Voluntary leaving vs dismissal
• Vaccination/testing workplace policy
• Accommodation requests
• Disqualification from ei benefits

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ML v Canada Employment Insurance Commission

Court

Social Security Tribunal of Canada

The claimant voluntarily left employment by failing to resume work when recalled and did not have just cause because she had the reasonable alternative of returning despite her course (which was not Commission-referred); therefore she is disqualified from EI benefits starting May 3, 2021 and the appeal is dismissed.

Source excerpt

• Voluntary leaving
• Just cause
• Disqualification
• Overpayment
• Recall to work
• Training and work placement

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T.P. v. Canadian Armed Forces

Court

Canadian Human Rights Tribunal

Anonymization of the Complainant and a ban on publication of his identifying information are granted, and the Tribunal will keep the pre-inquiry record sealed with specified public exceptions; medical documents in the Tribunal's possession remain confidential at the preliminary stage and documentary evidence filed at hearing must have identifying information redacted but are not automatically sealed in full absent a hearing-stage application.

Source excerpt

• Disability discrimination
• Accommodation requests
• Confidentiality orders
• Bona fide occupational requirement (bfor)

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