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- Parties: The applicants included Mario Anctil, François Baribeault, Carl Bédard-Dulac, Olivier Bernier, Réal Bilodeau, Christian Binet, Régis Binet, Angelo Bisson, Benoît Bisson, and Cathy Bolduc. The respondent was the Attorney General of Canada.
- Subject Matter: The Social Security Tribunal’s Appeal Division reversed the General Division’s decision and found the applicants ineligible for employment insurance benefits during the vacation closure period of their employer’s construction under the exception in s. 11(3) of the Employment Insurance Act, 1996. The applicants sought judicial review of the Appeal Division’s decision.
- Ruling: The appeal court ruled in the respondent’s favour and dismissed the application without costs. The appeal court held that the Appeal Division’s intervention was reasonable and justified in light of the record and s. 58(1) of the Department of Employment and Social Development Act, 2005. The appeal court decided that the Appeal Division did not err in concluding that the General Division's interpretation of the exception in s. 11(3) of the Employment Insurance Act was erroneous since it failed to consider the entire English text of the provision and that the employees were not unemployed for the period from July 22 to Aug. 2, 2019 when the employer closed the business during the construction holidays.
- Date: The hearing was set on May 6, 2024. The court released its decision on May 7, 2024.
- Venue: This was a federal case before the Federal Court of Appeal.
- Amount: No financial award was specified.
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Applicant
Respondent
Court
Federal Court of AppealCase Number
A-121-23Practice Area
Labour & Employment LawAmount
Not specified/UnspecifiedWinner
RespondentTrial Start Date
02 May 2023