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.
41765
Michal Zagol v. Attorney General of Canada
(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) |
|---|---|---|
| 2025-12-11 | Close file on Leave | |
| 2025-11-24 | Correspondence (sent by the Court) to, all parties: RE: Certificate of Taxation | |
| 2025-11-24 | Certificate of taxation issued to, Andrew Kirk | |
| 2025-11-24 | Decision on the bill of costs, in the amount of $1,014.85, in the amount of $1,014.85, Reg | |
| 2025-11-24 | Submission of the bill of costs, Reg | |
| 2025-10-27 | Bill of costs, UNDER REVIEW, Completed on: 2025-10-29 | Attorney General of Canada |
| 2025-10-09 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-10-09 | Judgment on leave sent to the parties | |
| 2025-10-09 |
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-28-24, 2025 FCA 40, dated February 19, 2025, is dismissed with costs. Dismissed, with costs |
|
| 2025-09-02 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2025-05-26 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2025-05-26, (Printed version filed on 2025-05-28) | Michal Zagol |
| 2025-05-15 | Certificate (on limitations to public access), 23A, (Printed version filed on 2025-05-21) | Attorney General of Canada |
| 2025-05-15 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2025-05-15, (Printed version filed on 2025-05-21) | Attorney General of Canada |
| 2025-04-17 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2025-04-16 | Certificate (on limitations to public access), 23A, (Printed version filed on 2025-04-16) | Michal Zagol |
| 2025-04-16 | Application for leave to appeal, (Book Form), File opened, Completed on: 2025-04-16, (Printed version filed on 2025-04-16) | Michal Zagol |
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 |
|---|---|---|
| Zagol, Michal | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada | Respondent | Active |
Counsel
Party: Zagol, Michal
Counsel
James SM Kitchen
Airdrie, Alberta
T4B 3C3
Telephone: (250) 319-1175
Email: jody@kwllp.ca
Agent
340 Gilmour Street
Suite 100
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Attorney General of Canada
Counsel
Employment and Social Development
Canada/Veterans Affairs Canada Legal Service
Charlottetown, Prince Edward Island
C1A 8M9
Telephone: (819) 360-5319
Email: andrew.kirk@hrsdc-rhdcc.gc.ca
Agent
Department of Justice Canada
50 O'Connor Street, Suite 500, Room 556
Ottawa, Ontario
K1A 0H8
Telephone: (613) 670-6376
FAX: (613) 954-1920
Email: SCCAgentCorrespondantCSC@justice.gc.ca
Summary
Keywords
Employment – Termination – Misconduct – Employment benefits – Whether constructively immutable characteristics, those that are changeable only at unacceptable cost to personal identity are a matter of choice in the legislative context of the Employment Insurance Act – Whether an employee owes an employer a duty to change that which has been acknowledged as changeable only at unacceptable cost to personal identity.
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. Zagol was released from the Canadian Armed Forces (“CAF”) because he failed to comply with CAF’s mandatory COVID-19 vaccination policy. The Canada Employment Insurance Commission found that as Mr. Zagol was dismissed for failing to follow CAF’s policy, he had committed misconduct under s. 30(1) of the Employment Insurance Act, S.C. 1996, c. 23, and was disqualified from receiving employment insurance benefits. The General Division of the Social Security Tribunal and the Appeal Division of the Social Security Tribunal dismissed the appeals. The Federal Court of Appeal dismissed Mr. Zagol’s application for judicial review of the decision of the Appeal Division.
Lower court rulings
Appeal dismissed
Appeal dismissed
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