Applicant
Respondent
- Parties: The applicant was Katherine Mapachee. The respondent was the Attorney General of Canada.
- Subject Matter: The Social Security Tribunal’s General Division reviewed the non-exhaustive list of circumstances constituting just cause for voluntarily leaving employment under s. 29(c) of the Employment Insurance Act, 1996. The General Division found that the applicant did not leave without just cause though she left her employment voluntarily. The Social Security Tribunal’s Appeal Division determined that the applicant was ineligible to receive the benefits provided by the Act. The applicant filed a judicial review application challenging the Appeal Division’s decision.
- Ruling: The appeal court ruled in the respondent’s favour and dismissed the applicant’s judicial review application. It found that the Appeal Division committed no reviewable error. The appeal court ruled that it was reasonable for the Appeal Division to conclude that the evidence was insufficient to support the applicant’s allegations that her work duties changed significantly under s. 29(c)(ix) of the Act. The appeal court also held that the Appeal Division reasonably found that the General Division erred in its interpretation of s. 29(c)(ix) of the Act.
- Date: The hearing was set on May 18, 2023. The court released its decision on May 18, 2023.
- Venue: This was a federal case before the Federal Court of Appeal.
- Amount: No financial award was specified.
Court
Federal Court of AppealCase Number
A-87-20Practice Area
Employment lawAmount
$ 0Winner
RespondentTrial Start Date
19 March 2020Download documents