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The court passed interim trust and estate accounts for 2022–2025, approved full-indemnity special costs, and dispensed with the respondent’s signature on the orders.
La Cour fédérale a accueilli en partie la demande: elle a annulé les BCR des groupes 1 et 2, rejeté une motion fondée sur la règle 312 et ordonné une rémunération rétroactive.
The court held that a shareholders agreement did not require Aurora Roofing Ltd. to keep paying Craig Lewis’s $80,000 salary after his termination, but he was entitled to wrongful dismissal damages.
Federal Court granted judicial review of a Poundmaker Cree Nation councillor’s suspension and removal, finding a procedural fairness breach and awarding retroactive remuneration.
The court found the Appellant and Intervenor were not dealing at arm's length: owner-employees acted in concert in setting remuneration and dividends, the Unanimous Shareholder Agreement and Fred/Fredco's retained powers undermined arm's-length bargaining, and specific terms (highly variable remuneration tied to reciprocal owner interests, employee participation on employer side of bargaining, automatic termination upon ceasing share ownership) meant the employment terms were not substantially similar to those arm's length parties would have agreed; accordingly the Intervenor was not in insur…
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The Appeal Division found the General Division ignored the collective agreement evidence and misinterpreted s.11(3) by failing to recognize that the two-week shutdown was leave established by agreement with remuneration set aside; all conditions of s.11(3) were met, therefore the weeks were not weeks of unemployment and Claimants are not entitled to EI benefits.
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Because the claimant received regular bi-weekly remuneration and did not have seven consecutive days without work or pay outside her bi-weekly pay period, s.14(4) of the Employment Insurance Regulations precludes an interruption of earnings and the appeal must be dismissed.
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The Federal Court dismissed judicial review of a Chief’s salary reduction as time-barred, but allowed review of a later suspension for lack of procedural fairness.
The Minister’s determination was reasonable: because the parties were related and the evidence showed the Worker was underpaid relative to market, delayed cashing pay cheques at the employer’s request and performed unpaid work, the terms and conditions were not substantially similar to those that would have been agreed at arm’s length and the employment was therefore not insurable.
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Non-suit motions were partially denied: the Court held there is sufficient evidence for a jury to consider claims against QEII/Capital Health and Dr. O’Neill (including possible contract or duty of care claims) so those non-suit motions are denied; John Malcolm will be removed as a party because there is no evidence of personal liability; the Department of Medicine (unincorporated) can be sued only on the under-remuneration claim but not for the variation of privileges.
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