- Parties: The applicant was Sky Sullivan. The respondent was the Attorney General of Canada.

- Subject Matter: The applicant was denied benefits under s. 30 of the Employment Insurance Act, 1996 after he failed to comply with his employer’s COVID-19 vaccination policy. The Social Security Tribunal’s General Division confirmed the denial. The Appeal Division affirmed the General Division’s decision and found the applicant disqualified from receiving employment insurance benefits when he lost his job due to misconduct. 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 application with costs. The Appeal Division’s decision was reasonable and was supported by the evidentiary record and by applicable court jurisprudence, which made sense, the appeal court held. Under any plausible reading of the legislation governing the Social Security Tribunal, it was a forum to determine entitlement to social security benefits, not a forum to question employer policies or to adjudicate wrongful dismissal allegations, the appeal court said. The applicant in fact pursued remedies elsewhere for wrongful dismissal and made a human rights complaint, the appeal court noted. The appeal court rejected the applicant’s argument that the decision should have considered the Charter values of “freedom” and “equality”.

- Date: The hearing was set on Jan. 11, 2024. The court released its decision on Jan. 11, 2024.

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

- Amount: No financial award was specified.