Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
41064
Robin Francis v. Canada (Attorney General)
(Federal) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2024-12-19 | Close file on Leave | |
| 2024-12-19 |
Correspondence (sent by the Court) to, parties, RE: Certificate of Taxation |
|
| 2024-12-18 | Certificate of taxation issued to, Rebekah Ferriss | |
| 2024-12-18 | Decision on the bill of costs, in the amount of $1,089.85, Reg | |
| 2024-12-18 | Submission of the bill of costs, Reg | |
| 2024-05-22 | Bill of costs, Completed on: 2024-12-18 | Canada (Attorney General) |
| 2024-05-16 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-05-16 | Judgment on leave sent to the parties | |
| 2024-05-16 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-83-23, 2023 FCA 217, dated November 2, 2023, is dismissed with costs. Dismissed, with costs |
|
| 2024-04-09 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-02-02 | Certificate (on limitations to public access), (Letter Form), 23A | Canada (Attorney General) |
| 2024-02-02 |
Respondent's response on the application for leave to appeal, (Book Form), Missing: - Proof of service, Completed on: 2024-04-09, (Printed version filed on 2024-02-08) |
Canada (Attorney General) |
| 2023-12-28 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 12-28-2023 | |
| 2023-12-27 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2023-12-29) | Robin Francis |
| 2023-12-27 |
Application for leave to appeal, (Book Form), Missing: - Filing Fees (Rec 2023-12-29), Completed on: 2024-01-03, (Printed version filed on 2023-12-29) |
Robin Francis |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Francis, Robin | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Canada (Attorney General) | Respondent | Active |
Counsel
Party: Francis, Robin
Counsel
Marty Moore
c/o 1300-80 Richmond Street West
Toronto, Ontario
M5H 2A3
Telephone: (416) 888-9254
Email: jmanson@charteradvocates.ca
Party: Canada (Attorney General)
Counsel
Dani Grandmaître
Department of Justice Canada - ESDC Legal Services
140 Promenade du Portage, Phase IV, 11th floor
Gatineau, Quebec
K1A 0J9
Telephone: (416) 523-2628
FAX: (819) 994-2291
Email: rebekah.ferriss@hrsdc-rhdcc.gc.ca
Agent
Department of Justice Canada
50 O'Connor Street, Suite 500
Ottawa, Ontario
K1A 0H8
Telephone: (613) 670-6290
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Summary
Keywords
Administrative Law — Appeals — Judicial Review — Employment Insurance — Whether the decision that an EI benefits claimant committed misconduct is a discretionary administrative decision — Whether administrative decision makers are entitled to deference in deciding a statutory administrative decision is non-discretionary — Whether opposing decisions in materially identical circumstances rendered by administrative decision-makers can be reasonable on judicial review — Employment Insurance Act, S.C. 1996, c. 23, s. 30.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Mr. Francis’ employer implemented a COVID-19 policy requiring mandatory vaccination. He requested an exemption based on creed, which was refused. He was not vaccinated by the required date and his employer terminated his employment. He applied for Employment Insurance (EI) benefits.
The Canada Employment Insurance Commission denied Mr. Francis EI benefits, determining he lost his job as a result of misconduct. His request for reconsideration was denied. The Social Security Tribunal General Division dismissed his appeal, confirming that he lost his job due to misconduct. The Appeal Division upheld the General Division’s decision. The Federal Court of Appeal dismissed the application for judicial review.
Lower court rulings
Social Security Tribunal of Canada
AD-22-626
Appeal dismissed
Federal Court of Appeal
2023 FCA 217, A-83-23
Application for judicial review dismissed
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available