Canada Case Law

FW v Canada Employment Insurance Commission

Court

Social Security Tribunal of Canada

Leave to appeal refused because the claimant failed to demonstrate any arguable reviewable error: the General Division correctly applied s.10(4) EI Act and concluded the claimant did not act as a reasonable person to discharge the duty to inquire over a nine-month delay; language and cultural background and ignorance of EI did not establish good cause.

Source excerpt

• Antedating claims
• Good cause
• Leave to appeal
• Duty to inquire
• Appellate review standards

Read case analysis

White v. Canadian Nuclear Laboratories Ltd.

Court

Canadian Human Rights Tribunal

The Tribunal dismissed Stacy White’s human rights complaint, finding she did not prove a disability with a functional limitation requiring her to avoid face-to-face contact with a co-worker.

• Duty to accommodate
• Prima facie discrimination
• Functional limitation
• Admissibility of expert evidence
• Duty to inquire
• Disability-discrimination

Read case analysis

Gregory v. The Law Society of British Columbia

Court

British Columbia Court of Appeal

Appeal from Law Society discipline partly succeeded: the court upheld misconduct for failing to make reasonable inquiries in suspicious circumstances, but set aside the client-identification finding.

• Professional misconduct
• Client identification
• Duty to inquire
• Money laundering risk
• Solicitor vs. counsel duties
• Mental health mitigation

Read case analysis

Rose-Terra Investments Inc. v. Chetti

Court

Court of Appeal for Ontario

The minutes of settlement were enforceable because the motion judge permissibly found the settlement provided material benefits to the appellant, she was a litigation participant represented by experienced counsel who assured the respondent she signed freely, the respondent lacked knowledge of undue influence or duress, and therefore no genuine issue requiring a trial existed to defeat summary judgment.

Source excerpt

• Undue influence
• Duress
• Independent legal advice
• Summary judgment
• Minutes of settlement
• Constructive notice

Read case analysis

SB v Canada Employment Insurance Commission

Court

Social Security Tribunal of Canada

The appellant failed to prove on the balance of probabilities that she had good cause for the delay or that she acted as a reasonably prudent person to determine her EI rights; ignorance, being busy with new employment tasks, and post-claim communication issues do not constitute good cause; therefore the renewal claim cannot be antedated.

Source excerpt

• Antedating of claims
• Good cause for delay
• Renewal claim deadlines
• Duty to inquire

Read case analysis

Zheng v. Bank of China (Canada) Vancouver Richmond Branch

Court

British Columbia Court of Appeal

The Court of Appeal allowed Ms. Zheng’s appeal from summary dismissal, finding a triable issue as to the bank’s knowledge of a prevailing fraud and any duty to warn.

• Duty to warn
• Duty to inquire
• Summary judgment
• Exclusion clause
• Unconscionability
• Causation

Read case analysis

White v. Canadian Nuclear Laboratories Ltd.

Court

Canadian Human Rights Tribunal

The complainant's notebook pages are arguably relevant because they concern alleged harassment that the complainant says caused or exacerbated a disability and bear on whether the employer knew or should have known of accommodation needs; therefore production of those notes is ordered. The request for broad production of three years of notebooks for ten employees is speculative, unjustified on the record and constitutes a fishing expedition, and is denied. Ongoing disclosure obligations remain and disclosure does not equate to admissibility at hearing.

Source excerpt

• Disability accommodation
• Disclosure/production
• Harassment
• Duty to inquire
• Counsel civility

Read case analysis

Oladipupo v. Canada (Citizenship and Immigration)

Court

Federal Court

The Federal Court granted judicial review, finding a procedural fairness breach where the officer failed to inquire about referenced medical evidence and gave it no weight.

• Humanitarian and compassionate application
• Medical evidence
• Duty to inquire
• Certified tribunal record
• Redetermination
• Procedural-fairness

Read case analysis

HF v Canada Employment Insurance Commission

Court

Social Security Tribunal of Canada

The Appeal Division upheld the General Division: the claimant failed to prove he took the reasonably prompt steps a person in his situation would have taken to determine rights and obligations and did not show good cause throughout the delay; prior informal leniency by a Commission agent and being busy with studies were insufficient to justify the extended delay, so the late claim cannot be backdated.

Source excerpt

• Good cause for delay
• Late filing of claimant reports
• Duty to inquire
• Standard of review on appeal

Read case analysis

Zheng v. Bank of China (Canada) Vancouver Richmond Branch

Court

Supreme Court of British Columbia

Appeal from summary dismissal of a bank fraud claim. The Court held a duty to inquire was arguable, but the exclusion of liability clause barred the action.

• Duty to inquire
• Exclusion of liability clause
• Conversion
• Summary dismissal under rule 9-6(4)
• Implied contractual duty of care
• Duty-to-inquire

Read case analysis