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

Jordan Fine

- Parties: The appellant was Wieslaw Kuk. The respondent was the Attorney General of Canada.

- Subject Matter: The Social Security Tribunal’s General Division found that the appellant was disqualified from receiving employment insurance benefits under s. 30 of the Employment Insurance Act, 1996, given that he had been dismissed for misconduct from his employment with the University Health Network due to his wilful failure to comply with its COVID-19 vaccination policy. The Tribunal’s Appeal Division refused to grant leave for the appellant to appeal the General Division’s decision. The appellant filed a judicial review application. The Federal Court dismissed this application upon finding the Appeal Division’s decision reasonable and untainted by any procedural fairness issue.

- Ruling: The appeal court ruled in the respondent’s favour, dismissed the appeal, and awarded no costs as the respondent did not seek costs in this appeal. The appeal court held that the Federal Court correctly selected the reasonableness standard of review. The appeal court determined that the Appeal Division reasonably concluded that the appellant made a deliberate choice not to comply with the vaccination policy and that this was misconduct resulting in his dismissal.

- Date: The hearing was set on Apr. 18, 2024. The court released its decision on Apr. 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-236-23
Employment law
$ 0
Respondent
08 September 2023