Taxpayer continued to refuse to provide basic information as required by legislation

Public Law - Social Programs - Employment insurance

Taxpayer applied for Employment Insurance (EI) benefits and was asked by Canadian Employment Insurance Commission (commission) to attend in-person interview to provide information. Taxpayer attended, but refused to provide information, as result, his claim for EI was canceled, taxpayer appealed to Social Security Tribunal General Division (SST), SST sent letter asking that taxpayer attend interview, which he did not do, SST maintained cancellation and taxpayer appealed. Taxpayer also applied for Old Age Security Benefits (OAS) and in similar vein as EI benefits, refused to provide information, so that his claim for OAS and GIS benefits were suspended. Taxpayer brought motion seeking plethora of relief; taxpayer brought application for judicial review. Motion dismissed; application dismissed. Motion that taxpayer brought before court and underlying application for judicial review were both premature. Neither SST General Division nor SST Appeal Division have heard or decided taxpayer’s pending appeals or motions, and there was simply no SST decision rendered by either division to judicially review and same was true of pending motions. Taxpayer sought and continued to seek different remedies through multiple fora, but has continued to refuse to provide basic information as required by legislation.

Potomski v. Canada (Attorney General) (2019), 2019 CarswellNat 2218, 2019 CarswellNat 3078, 2019 FC 763, 2019 CF 763, Alan S. Diner J. (F.C.).

Case Law is a weekly summary of notable civil and criminal court decisions by the Supreme Court of Canada, the Federal Court of Canada and all Ontario courts. These cases may be found online in WestlawNext Canada. To subscribe, please visit

Free newsletter

Our daily newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please complete the form below and click on subscribe for daily newsletters from Law Times.

Recent articles & video

Amid enactment of sweeping law enforcement Bill C-75, LSO seeks status quo for students, paralegals

LSO must stand up for racialized licensees, says prospective returning bencher

OBA summit to bring together legal sector equality advocates

Federal government names Canadian Accessibility Standards Development Organization officers

Baker McKenzie adds senior tech strength to global M&A team

Alexander Holburn opens Toronto office

Most Read Articles

Appeal court ‘withdraws’ real estate decision after it was signed in error

Challenges continue for legal aid practitioners despite funding boost from Ottawa

Province should be cautious using ADR for domestic violence cases, say lawyers

Canadian law firms spending more on legal tech, says Thomson Reuters