Applicant
Respondent
- Parties: The applicant was Alexey Khodykin. The respondent was the Attorney General of Canada.
- Subject Matter: The applicant worked for GardaWorld as a screening officer at Pearson International Airport in Toronto. After failing to comply with his employer’s COVID vaccination policy, he was suspended from employment without pay in 2021. He was denied employment insurance benefits. The Social Security Tribunal’s General Division concluded that the applicant was properly denied employment insurance benefits because he was suspended as a result of misconduct. The Appeal Division upheld the General Division’s decision. 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 without costs. The appeal court found no reason to interfere with the Appeal Division’s decision relating to the applicant’s constitutional arguments. The appeal court held that the Appeal Division’s finding that the Social Security Tribunal had no authority to consider the constitutionality of the vaccination policy was reasonable and was supported by court authorities. The appeal court also agreed with the Appeal Division’s finding that the applicant failed to detail his constitutional arguments as required.
- Date: The hearing was set on May 15, 2024. The court released its decision on May 15, 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-269-23Practice Area
Employment lawAmount
$ 0Winner
RespondentTrial Start Date
29 September 2023