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The appellant received eight weeks of EI ERB but was eligible for only four; statutory provisions require repayment of overpaid EI ERB and the Tribunal has no authority to write off the overpayment, therefore the appellant must repay $2,000.00.
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Appeal from refusal to certify a proposed class action dismissed. The Court held the chambers judge reasonably found a pension scheme and individual issues made a class proceeding not preferable.
The court struck claims against the Police Complaint Commissioner under the Police Act immunity provision, finding no pleaded material facts of bad faith, but granted leave to amend.
The court upheld Arthur Stevens’s 2019 will, set aside the later transfer of his property interest to Patricia Esak, dismissed Esak’s tort claims, and ordered sale of the property.
The Federal Court held Health Canada owed MMAP participants a duty of care and breached it by the 2013 mail-out, but plaintiffs failed to prove breach of confidence or class-wide damages.
The Tribunal found the Slack messages on the employer's company account demonstrated willful insubordination, disrespect and counsel to commit time theft that breached duties to the employer; the messages were discovered innocently on a common workstation and no proven privacy breach negated the misconduct; therefore the dismissal was for misconduct and the Added Party is disqualified from EI benefits.
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Federal Court dismissed an inmate’s claim over lost correctional records, finding no duty of care, no proven compensable injury, and no private civil remedy under the Privacy Act.
The claimant was dismissed for failing to comply with the employer's vaccination/testing directive (weekly COVID-19 testing); that failure was wilful or sufficiently reckless to constitute misconduct under EI law; therefore the claimant is disqualified from receiving EI benefits effective March 13, 2022.
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The Commission failed to prove on a balance of probabilities that the claimant knew or should have known the privacy rules and the real possibility of dismissal for breaching them; absent wilful or reckless conduct, the dismissal was not misconduct under the EI Act and the claimant is not disqualified from benefits.
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On the balance of probabilities the claimant was suspended because she willfully refused to comply with the employer's clearly communicated mandatory vaccination attestation procedure; that refusal constituted misconduct under the Employment Insurance Act and disqualifies her from EI benefits.
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