Canada Case Law

Commission de l’assurance-emploi du Canada c KD

Court

Social Security Tribunal of Canada

The Appeal is allowed because the General Division erred in law by relying on the Commission’s re‑examination policy in circumstances where the Commission had exercised its s.153.161 verification power; the Commission’s exercises of discretion under s.153.161 and s.52 were lawful and judicial, and the matter is remitted to the General Division to determine, on the merits, whether the claimant was available for work as of 29 November 2020; additionally the General Division’s procedure was procedurally unfair for failing to give the claimant a clear opportunity to file detailed job‑search recor…

Source excerpt

• Availability for work
• Discretionary power
• Re‑examination/review policy
• Procedural fairness (right to be heard)
• Bad faith

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Minister of Employment and Social Development v JE

Court

Social Security Tribunal of Canada

The Appeal Division allowed the Minister's appeal because the General Division raised and based its decision on the scope of the Minister's reassessment authority without giving the Minister notice or an opportunity to respond, thereby breaching procedural fairness; because the record and unrecorded General Division hearing did not allow the Appeal Division to fairly decide the merits, the matter is remitted to the General Division for a fresh hearing.

Source excerpt

• Old age security reassessment authority
• Procedural fairness (right to be heard)
• Sua sponte issue raising
• Adjournment and incapacity evidence
• Remittal for rehearing

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Duyile v. Canada (Citizenship and Immigration)

Court

Federal Court

The Federal Court dismissed judicial review of a refusal to include the applicant and her children in a permanent residence application, finding the relationship was not genuine and no fairness breach occurred.

• Genuineness of common-law relationship
• Inclusion of family members under irpr s.176
• Procedural fairness (right to be heard)
• Best interests of the child (argued)
• Genuineness-of-common-law-relationship
• Immigration-judicial-review

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Bolin v. Lylick

Court

British Columbia Court of Appeal

The Court of Appeal varied a costs order after a late adjournment, holding the defendants should have had a chance to address costs and that reasons were needed for departing from usual practice.

• Adjournment terms
• Costs thrown away
• Interference with judicial discretion
• Procedural fairness (right to be heard)
• Reasons for judgment
• Costs

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Canada (Attorney General) v. Blackman

Court

Federal Court

The Federal Court set aside a disciplinary decision because the chairperson relied on undisclosed personal experience, breaching procedural fairness.

• Procedural fairness (right to be heard)
• Random selection urinalysis
• Disciplinary tribunal procedure
• Reasonableness standard
• Statutory interpretation of corrections and conditional release act
• Procedural-fairness

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Canada (Public Safety and Emergency Preparedness) v. Sittampalam

Court

Federal Court

The Federal Court allowed judicial review, holding that an Immigration Division member breached procedural fairness by changing release conditions without hearing submissions on those changes.

• Detention reviews
• Release conditions
• Procedural fairness (right to be heard)
• Security certificate jurisprudence
• Risk/danger assessments
• Procedural-fairness

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