Applicant
Respondent
- Parties: The applicant was Gary Lalancette. The respondent was the Attorney General of Canada.
- Subject Matter: The Social Security Tribunal’s General Division found that the employer dismissed the applicant because of his misconduct. On Nov. 18, 2022, the Appeal Division decided that the General Division did not err in making this finding. 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 judicial review application with costs as the respondent claimed none. The appeal court noted that the applicable standard of review in this case was the reasonableness standard. The appeal court carefully considered the arguments that the applicant presented both in writing and by oral means. The appeal court found no need to intervene with the Appeal Division’s decision stating that the applicant had other available remedies to address the merits of the dismissal. The appeal court held that the Appeal Division’s decision was reasonable. Since the applicant refused to comply with his employer's COVID-19 vaccination policy, s. 30 of the Employment Insurance Act, 1996 applied and excluded him from receiving benefits due to his misconduct, the appeal court said.
- Date: The hearing was set on Mar. 20, 2024. The court released its decision on Mar. 21, 2024.
- 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-63-23Practice Area
Employment lawAmount
$ 0Winner
RespondentTrial Start Date
27 February 2023Download documents