Canada Case Law

Canada Employment Insurance Commission v BE

Court

Social Security Tribunal of Canada

The General Division made an important error of fact by finding the claimant was dismissed for refusing to sign an agreement rather than for being absent without permission; evidence (notice of dismissal, employer communications, claimant admissions, Record of Employment) shows the claimant was expressly denied unpaid leave, warned she would be dismissed if absent, and nevertheless wilfully absent; because the claimant knew the consequence of dismissal her conduct amounted to misconduct under the EI Act and she is disqualified from benefits.

Source excerpt

• Misconduct
• Termination
• Unpaid leave
• Error of fact
• Remedy by substitution

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Ord v. Safi Media Company

Court

Nova Scotia Small Claims Court

PTO had no cash value under the contract and the claimant is entitled to statutory vacation pay at 4% of wages for the period January 1–March 10, 2025; the payment in lieu of notice did not include vacation pay because the defendant did not intend it to do so and did not evidence such intention.

Source excerpt

• Vacation pay
• Termination
• Paid time off (pto)
• Wages
• Statutory interpretation
• Costs

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The Black Tailed Florist Inc. v. 332 Water Street Limited Partnership

Court

Supreme Court of British Columbia

The court held the 2015 offer and counter-offer formed an enforceable lease, found the landlords breached it by terminating, and awarded nominal damages plus return of the deposit.

• Lease formation
• Repudiation
• Termination
• Damages
• Utilities
• Option to renew

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AGT Food and Ingredients Inc. v. Fibreco Export Inc.

Court

Supreme Court of British Columbia

AGT’s termination of a terminal services agreement was invalid for failure to comply with a consent agreement, though the court found later wood pellet detections could otherwise have justified termination.

• Termination
• Notice and consent provisions
• Condition precedent
• Statutory prohibition (canada grain act)
• Cleaning/contamination protocol
• Specific performance

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CG v Canada Employment Insurance Commission

Court

Social Security Tribunal of Canada

The Tribunal found on the balance of probabilities that the Appellant intentionally failed to attend the required in‑person workday on July 17, 2024, knew or ought to have known the consequences given prior suspension for insubordination, and therefore her conduct amounted to wilful misconduct under s.30 of the Employment Insurance Act, disqualifying her from benefits.

Source excerpt

• Misconduct
• Insubordination
• Benefit disqualification
• Termination
• Employment contract
• Reconsideration

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DHL Global Forwarding (Canada) Inc. v. Lowe’s Canada

Court

Federal Court

The Federal Court dismissed DHL’s summary judgment motion, holding Rona validly terminated the BSA under the DTA and DHL had not proven deadfreight owing for the contested period.

• Termination
• Deadfreight penalties
• Block space agreement
• Mitigation of damages
• Contract interpretation
• Incorporation by reference

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Bagai v. Chroma Global Technologies Ltd.

Court

Supreme Court of British Columbia

Summary judgment was granted to the plaintiff for deferred consulting fees and unreimbursed expenses. The court held the addendum deferred payment but did not make it indefinitely contingent on going public.

• Contractual interpretation
• Parol evidence rule
• Termination
• Deferred compensation
• Contra proferentem
• Summary judgment

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KC v Canada Employment Insurance Commission

Court

Social Security Tribunal of Canada

The Commission failed to prove on a balance of probabilities that the Appellant's conduct was wilful or so reckless as to constitute misconduct under the EI Act; contextual factors (10-minute isolated interaction, workplace culture tolerating personal conversations, absence of contemporaneous objections or training, Appellant's credible explanation of lack of sexual intent and operational reasons for remarks) show the conduct was not of a nature that the Appellant knew or ought to have known could lead to dismissal, therefore the Appellant is not disqualified from EI benefits.

Source excerpt

• Misconduct
• Termination
• Harassment
• Burden of proof
• Credibility assessment
• Policy interpretation

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Nolet v. Canadian Armed Forces

Court

Canadian Human Rights Tribunal

The Tribunal partly granted a scope motion, allowing section 10 and limited systemic discrimination issues, but refused a broad 2011–present expansion and denied disclosure as premature.

• Scope of complaint
• Systemic discrimination
• Disclosure
• Accommodation
• Harassment
• Retaliation

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Williams v. Bank of Nova Scotia

Court

Canadian Human Rights Tribunal

The Tribunal dismissed Marcus Williams’ CHRA complaint against the Bank of Nova Scotia, finding no sufficient evidence that hiring, pay, bonus, or termination decisions were discriminatory.

• Discrimination
• Termination
• Hiring practices
• Bonuses and compensation
• Burden of proof and evidentiary standards
• Employment-discrimination

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