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Cecchetto v. Canada (Attorney General)

- Parties: The appellant was Anthony Cecchetto. The respondent was the Attorney General of Canada.

- Subject Matter: The Social Security Tribunal’s General Division found the appellant ineligible for employment insurance benefits because he wilfully failed to comply with the COVID-19 vaccination requirements at his workplace, Lakeridge Health, and was dismissed from his employment for misconduct. The Appeal Division denied leave to appeal the General Division’s decision. The appellant filed a judicial review application challenging the Appeal Division’s decision. The Federal Court dismissed the application.

- Ruling: The appeal court ruled in the respondent’s favour, dismissed the appeal, and awarded no costs given the circumstances of this case. The Federal Court correctly selected the reasonableness standard of review and correctly applied that standard to find the Appeal Division’s decision reasonable, the appeal court held. The Appeal Division’s reasons provided an internally coherent and rational chain of analysis that was justified in relation to the factual and legal constraints, the appeal court said. The Appeal Division correctly identified the limited basis for granting leave to appeal, which was whether the proposed appeal had a “reasonable chance of success” based on at least one of the grounds in s. 58(1) of the Department of Economic and Social Development Act, 2005, the appeal court added.

- Date: The hearing was set on May 30, 2024. The court released its decision on May 30, 2024.

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

- Amount: No financial award was specified.

Anthony Cecchetto
Law Firm / Organization
Cornish Law
Attorney General of Canada
Law Firm / Organization
Department of Justice Canada
Lawyer(s)

Suzette Bernard

Federal Court of Appeal
A-58-23
Labour & Employment Law
Not specified/Unspecified
Respondent
22 February 2023