Canada Case Law

AL v Canada Employment Insurance Commission

Court

Social Security Tribunal of Canada

Leave to appeal was refused because the General Division's factual findings that the claimant voluntarily left, that he had a reasonable alternative to remain employed while seeking other work given the employer separated him from the coworker and there was no threat of discipline, and that his retirement was voluntary, were supported by the evidence and disclosed no reviewable error; therefore the proposed appeal had no reasonable chance of success.

Source excerpt

• Voluntary leaving
• Just cause
• Retirement
• Leave to appeal
• Standard of review

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Pringle v. Ritchie-Smith Feeds, Inc

Court

Supreme Court of British Columbia

The court found the plaintiff voluntarily retired after clear retirement discussions and that the defendants accepted the retirement date. The wrongful dismissal claim was dismissed.

• Retirement
• Resignation
• Notice
• Wrongful dismissal
• Acceptance of offer
• Detrimental reliance

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McLellan v. McLellan

Court

Supreme Court of British Columbia

The court held the spousal-support review was not premature, terminated the monthly support payment effective July 2, 2025, and left pension, bonus, and disclosure obligations in place.

• Retirement
• Variation
• Review
• Prematurity
• Spousal support advisory guidelines
• Spousal-support

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Lopez v. Romanova

Court

Supreme Court of British Columbia

The court terminated the claimant’s spousal support obligation after finding the original order had already contemplated his retirement and front-loaded support accordingly.

• Retirement
• Material change of circumstances
• Spousal support advisory guidelines
• Review on specified event
• Double-dipping
• Disclosure obligations

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Atwal v. Huber

Court

Supreme Court of British Columbia

Application to review spousal support allowed in part. The court attributed the respondent annual income of $475,000, rejected retirement-based termination, denied retroactive deduction, and awarded costs to the claimant.

• Spousal support
• Income determination
• Review of consent order
• Retirement
• Retroactive relief
• Costs

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CC v Canada Employment Insurance Commission

Court

Social Security Tribunal of Canada

The appeal is dismissed because the appellant voluntarily left employment to retire while having reasonable alternatives (continuing to work, obtaining medical evidence, requesting leave or accommodation or seeking different employment), and she failed to provide objective medical evidence or show she had no reasonable alternative, therefore she was properly disqualified from EI benefits effective October 29, 2023.

Source excerpt

• Voluntary leaving
• Just cause
• Retirement
• Medical incapacity
• Reasonable alternatives
• Disqualification from benefits

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Yarmie v. Yarmie

Court

Supreme Court of British Columbia

The court reviewed spousal support after the respondent’s retirement, held no income should be imputed to him, imputed income to the claimant, and ended support as of April 14, 2021.

• Spousal support review upon retirement
• Imputation of income for underemployment
• Treatment of lump sum for loss of future earnings
• Division and effect of pension splitting
• Liras and income attribution
• Double dipping rule

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Pawluck v. Pawluck

Court

Supreme Court of British Columbia

The court found a material change in circumstances and varied spousal support from $4,500 monthly to $2,250 for six months, then terminated it.

• Section 17 divorce act
• Material change of circumstances
• Retirement
• Pension sharing (pisp)
• Consent order interpretation
• Compensatory vs need-based support

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Houlihan v. Houlihan

Court

Supreme Court of Nova Scotia

The payor's retirement followed employer termination, was not an attempt to avoid obligations, and caused a substantial, long-lasting reduction in income that was not contemplated at the time of the original CRO; accordingly it constituted a material change in circumstances permitting variation and justifying termination of spousal support effective September 30, 2023, with child support confirmed terminated December 2, 2015, and amendment of the CRO as ordered.

Source excerpt

• Variation
• Material change in circumstances
• Retirement
• Termination
• Self-sufficiency

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RB v Canada Employment Insurance Commission

Court

Social Security Tribunal of Canada

The Tribunal found the Appellant voluntarily retired while work remained and had reasonable alternatives to leaving (medical consultation, employer accommodation, transfer, leave, or continued employment while seeking other work); therefore she lacked just cause and is indefinitely disqualified under the EI Act from December 30, 2022. Separately, she failed to satisfy all three Faucher availability factors for January 2 to March 31, 2023 (insufficient desire and verifiable job search and a self‑imposed three‑month break), so she is disentitled for that period; the availability disentitlement…

Source excerpt

• Voluntary leaving
• Just cause for quitting
• Availability for work
• Disentitlement period
• Retirement
• Workplace stress

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