Applicant
Respondent
- Parties: The applicant was Daniel Matti. The respondent was the Attorney General of Canada.
- Subject Matter: The applicant was placed on leave without pay for approximately eight months for refusing to comply with his employer’s COVID-19 vaccination policy, given that he refused to attest to his status. The applicant stated to the Canada Employment Insurance Commission (CEIC) that, while knew of the policy and knew that he could be placed on leave, he was unwilling to disclose his medical information. The CEIC denied the applicant’s application for employment insurance benefits on the basis that he was suspended for misconduct under s. 31 of the Employment Insurance Act, 1996. The Social Security Tribunal (SST) General Division upheld the CEIC’s decision. The SST’s Appeal Division denied leave to appeal the General Division’s decision. The applicant sought judicial review of the Appeal Division’s decision.
- Ruling: The court ruled in the respondent’s favour and dismissed the judicial review application. The court held that the applicant failed to describe any specific error in the Appeal Division’s decision that could render it unreasonable. The court found the decision rational and intelligible and found the credibility findings based on the record. The court noted that the Appeal Decision had a limited scope to interfere with the General Division’s factual findings.
- Date: The hearing was set on Nov. 15, 2023. The court released its decision on Nov. 17, 2023.
- Venue: This was a federal case before the Federal Court.
- Amount: The court awarded no costs.
Court
Federal CourtCase Number
T-209-23Practice Area
Labour & Employment LawAmount
$ 0Winner
RespondentTrial Start Date
30 January 2023Download documents