4 Aug 2023

Procureur Général Du Canada c. Réal Gagnon

Firms involved

Ministère de la Justice - Canada, Self Represented

Plaintiff

PROCUREUR GÉNÉRAL DU CANADA
Law Firm
Ministère de la Justice - Canada
Lawyer(s)

Dani Grandmaître

Jessica Grant

Defendant

RÉAL GAGNON
Law Firm
Self Represented
  • Judicial review focuses on the Appeal Division of the Social Security Tribunal's decisions.
  • Concerns eligibility of two beneficiaries for the Emergency Employment Program (EPAU).
  • Program established under Part 18 of the COVID-19 Emergency Measures Act, SC 2020, c. 5.
  • Central issue: Interpretation of section 153.9 of the Employment Insurance Act, SC 1996, c. 23.
  • Attorney General consolidated two files due to identical drafting by the same Appellate Division member.
  • Service providers MM. Gagnon and St-Louis absent; no representations made.
  • Court used records from the Canada Employment Insurance Commission and both divisions of the Social Security Tribunal.
  • Ruling upheld the Appeal Division's decision after considering Attorney General's stance and existing jurisprudence.
  • Key finding: Earning over $1,000 in a four-week period doesn't disqualify claimants under paragraphs 153.9(1)(a) and (b).
  • Central appeal point: Appellate Division's interpretation of subsections 153.9(1) and (4).

Court

Federal Court of Appeal

Case Number

A-278-22

Practice Area

Labour & Employment Law

Amount

Winner

Respondent

Trial Start Date

22 December 2022

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