Cohen c. Canada (Procureur Général)

Cohen c. Canada (Procureur Général)

The judicial review is dismissed because the Agent’s decision was reasonable and adequately justified: on the evidence before the decision‑maker the applicant did not demonstrate at least $5,000 net self‑employed income in the qualifying period and the new documents and additional facts presented to the Court were inadmissible; no procedural fairness breach was established.

Citation
2023 CF 1539
Parties
Applicant / Demandeur: Suzy Cohen; Respondent / Défendeur: Procureur général du Canada
Court
Federal Court
Jurisdiction
Canada
Judgment Date
21 November 2023
Procedural Posture
Judicial Review PCRE Eligibility / Final Judgment (federal Court)
Outcome
Application for judicial review dismissed.
Legal Topics
Judicial Review, Reasonableness Standard, Procedural Fairness, Eligibility Criteria for Benefit, Income Calculation and Expenses
Source Language
French
Administrative Law Social Security/benefits Law Tax Law Judicial Review Reasonableness Standard Procedural Fairness Eligibility Criteria for Benefit Income Calculation and Expenses

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Parties

Suzy Cohen

Applicant / Demandeur

Procureur général du Canada

Respondent / Défendeur

Procedural Posture

Judicial Review PCRE Eligibility / Final Judgment (federal Court)

Legal Issues

  1. 1 Admissibility of new evidence and facts not before the decision‑maker
  2. 2 Applicable standard of review
  3. 3 Whether the Agent reasonably concluded applicant did not meet the $5,000 net income threshold

Ratio Decidendi

The judicial review is dismissed because the Agent’s decision was reasonable and adequately justified: on the evidence before the decision‑maker the applicant did not demonstrate at least $5,000 net self‑employed income in the qualifying period and the new documents and additional facts presented to the Court were inadmissible; no procedural fairness breach was established.

Court Disposition

Application for judicial review dismissed.

Orders

  • The application for judicial review is dismissed.
  • No costs are awarded.