Molchan v. Canada (Attorney General)
MOLCHAN, LEANNE
Law Firm / Organization
Community Legal Assistance Society
Lawyer(s)

Kevin Love

ATTORNEY GENERAL OF CANADA
Law Firm / Organization
Department of Justice Canada
Lawyer(s)

Dani Grandmaître

- Parties: The applicant was Leanne Molchan. The respondent was the Attorney General of Canada.

- Subject Matter: In February 2020, the applicant stopped working because of injuries caused in a car accident. Her sickness benefits were about to expire. She applied for regular benefits and reported that she was capable of and available for work. The Canada Employment Insurance Commission approved her application. She collected regular benefits for an additional 25 weeks. The Commission retroactively reconsidered the applicant’s entitlement to regular benefits and decided that there was an overpayment because she was not capable of and available for work. Upon a reconsideration, the Commission upheld its decision. The Social Security Tribunal’s General Division dismissed her appeal from the Commission’s decision. The Appeal Division also dismissed her appeal from the General Division’s decision. The applicant filed a judicial review application.

- Ruling: The appeal court ruled in the respondent’s favour and dismissed the judicial review application without costs. It saw no basis to intervene. The appeal court found the Appeal Division’s decision reasonable, based on an internally coherent and rational chain of analysis, and justified in relation to the facts and the law that it was required to apply in the circumstances.

- Date: The hearing was set on Oct. 4, 2023. The court released its decision on Mar. 18, 2024.

- Venue: This was a federal case before the Federal Court of Appeal.

- Amount: No financial award was specified.

Federal Court of Appeal
A-71-23
Employment law
$ 0
Respondent
10 March 2023