Zhelkov v. Canada (Attorney General)
Nikolay Zhelkov
Law Firm / Organization
Unrepresented
Attorney General of Canada
Law Firm / Organization
Department of Justice Canada
Lawyer(s)

Dani Grandmaître

- Parties: The applicant was Nikolay Zhelkov. The respondent was the Attorney General of Canada.

- Subject Matter: The applicant failed to comply with his employer’s COVID-19 vaccination policy. The Canada Employment Insurance Commission denied his application for employment insurance benefits and found that he had lost his employment due to his own misconduct. The applicant requested a reconsideration. The Commission affirmed its decision. The Social Security Tribunal of Canada’s General Division dismissed the applicant’s appeal. The Appeal Division granted the applicant leave to appeal the General Division’s decision on the basis that the General Division misstated his evidence and failed to address a number of his arguments. However, the Appeal Division ultimately dismissed his appeal since it found that the General Division did not err in its result.

- Ruling: The appeal court ruled in the respondent’s favour and dismissed the judicial review application without costs. The appeal court held that intervention was unwarranted since the Appeal Division’s decision was justified, transparent, and intelligible and thus had the hallmarks of reasonableness. The Appeal Division referenced the relevant jurisprudence and properly refused to address certain arguments falling outside its jurisdiction, the appeal court added.

- Date: The hearing was set on Dec. 12, 2023. The court released its decision on Dec. 12, 2023.

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

- Amount: No financial award was specified.

Federal Court of Appeal
A-125-23
Employment law
$ 0
Respondent
02 April 2023