Canada Case Law

EM v Minister of Employment and Social Development

Court

Social Security Tribunal of Canada

Extension of time was refused because the applicant failed to provide a reasonable explanation for the delay: evidence showed the June 17, 2025 registered mail was addressed to Service Canada (wrong address) not the Social Security Tribunal, the applicant made no follow-up for seven months, and the proposed appeal did not raise new evidence or identifiable legal errors; therefore interests of justice did not require granting an extension.

Source excerpt

• Extension of time
• Leave to appeal
• Canada pension plan
• Limitation periods
• Procedural requirements

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Fraser v. Nova Scotia Barristers’ Society

Court

Nova Scotia Court of Appeal

Leave to appeal was denied because Justice Chipman properly identified and applied the governing principles for lump sum costs (following Armoyan v. Armoyan) and the appellant failed to establish an arguable issue; accordingly, costs of $5,000 to the Society and $8,000 to MacPhee were ordered to be paid forthwith.

Source excerpt

• Leave to appeal
• Lump sum costs
• Judicial review stay
• Costs awards
• Procedural requirements

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GF v Canada Employment Insurance Commission

Court

Social Security Tribunal of Canada

Extend filing deadline due to reasonable explanation of postal delay, but refuse leave to appeal because the claimant failed to demonstrate an arguable error by the General Division and the General Division decision was supported by the evidence and correct application of law.

Source excerpt

• Voluntary leaving
• Just cause
• Extension of time
• Permission to appeal
• Procedural requirements

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Tetreault v. Canada (Attorney General)

Court

Federal Court

The Federal Court dismissed Serge Tetreault’s judicial review as moot after finding the challenged CAF vaccination directive no longer had practical effect.

• Mootness
• Section 7 charter
• Judicial review
• Admissibility of evidence
• Scope of grievance review
• Procedural requirements

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MH v Minister of Employment and Social Development

Court

Social Security Tribunal of Canada

The appellant's reconsideration request was 643 days late; although the Minister failed to seek targeted information and thus did not act judicially in denying an extension, the appellant could not show a reasonable chance of success because the CPP requires the DUPE in these circumstances and contains no provision to reverse it due to the former partner's death or alleged misconduct; therefore no extension of time was warranted and the appeal is dismissed.

Source excerpt

• Division of unadjusted pensionable earnings (dupe)
• Reconsideration
• Extension of time
• Judicial exercise of discretion
• Procedural requirements

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Mazar v. Murray

Court

Supreme Court of British Columbia

The court found Ms. Mazar and Mr. Blattler were in a marriage-like relationship by April 2023, suspending spousal support under the separation agreement.

• Spousal support
• Cohabitation
• Separation agreement interpretation
• Marriage-like relationship
• Suspension of support
• Procedural requirements

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Canus v. Canada (Attorney General)

Court

Federal Court

The Federal Court dismissed an application for mandamus seeking a passport decision, finding no доказан refusal to act and no unreasonable delay on the record.

• Mandamus
• Passport application processing
• Unreasonable delay
• Procedural requirements
• Passport-application-processing
• Unreasonable-delay

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CP v Minister of Employment and Social Development

Court

Social Security Tribunal of Canada

The appellant's notice failed to provide the required outline of a valid constitutional argument under s.1(1) of the Social Security Tribunal Regulations, so the appeal could not proceed as a Charter challenge; on the merits, the appellant was ineligible for an actuarial adjustment because he was over 70 in 2013 when deferral provisions came into effect and he received the maximum retroactive payments under the OAS Act.

Source excerpt

• Old age security
• Guaranteed income supplement
• Voluntary deferral
• Actuarial adjustment
• Charter challenge
• Procedural requirements

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MC v Canada Employment Insurance Commission

Court

Social Security Tribunal of Canada

The appeal was filed well beyond the 30-day deadline and the appellant failed to provide a reasonable explanation for the nearly one-year delay; personal discouragement and competing life demands (loss of hope, family care, job search, studies) do not constitute a reasonable explanation for such a lengthy delay, so an extension of time must be refused.

Source excerpt

• Late appeals
• Extension of time
• Limitation period
• Procedural requirements

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RT v Canada Employment Insurance Commission

Court

Social Security Tribunal of Canada

On the balance of probabilities the appellant was dismissed for disrespectful behaviour and offensive language toward his supervisor, and prior warnings and a suspension established that he knew or ought to have known such conduct could lead to dismissal; therefore the dismissal constituted misconduct under the Employment Insurance Act and disqualified him from benefits.

Source excerpt

• Misconduct
• Disqualification from benefits
• Dismissal
• Evidence assessment
• Procedural requirements

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