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Hey v. Canada (Attorney General)

- Parties: The applicant was Michael Hey. The respondent was the Attorney General of Canada. 

- Subject Matter: In 2021, during the COVID-19 pandemic, the applicant was suspended from his job as a bus driver on Salt Spring Island, BC for failing to comply with his employer’s vaccination policy. He regarded the vaccination program as an experiment compelling employees to test a dangerous medication. He applied for employment insurance benefits. The Canada Employment Insurance Commission denied his claim upon concluding that he had lost his job through his own misconduct. The Social Security Tribunal’s General Division upheld the commission's decision. The tribunal’s Appeal Division denied him leave to appeal the General Division’s decision upon finding that his appeal lacked a reasonable chance of success. 

- Ruling: The court ruled in the respondent’s favour and dismissed the judicial review application. The court saw no basis to overturn the Appeal Division’s decision. The court noted that the Appeal Division could entertain an appeal only if there was a breach of natural justice, a lack of jurisdiction, an error of law, or a serious factual error unsupported by the evidence. The court could not find unreasonableness in the Appeal Division’s conclusions that none of those conditions existed in this case and that the applicant’s appeal stood no reasonable chance of success. 

- Date: The hearing was set on Sept. 5, 2024. The court released its decision on Jan. 8, 2025. 

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

- Amount: The court awarded no costs. 

Michael Hey
Law Firm / Organization
Unrepresented
Attorney General of Canada
Law Firm / Organization
Department of Justice Canada
Lawyer(s)

Sandra Doucette

Federal Court
T-498-23
Labour & Employment Law
Not specified/Unspecified
Respondent
11 March 2023