Canada (Procureur général) c. Beaurivage

Canada (Procureur général) c. Beaurivage

The Federal Court of Appeal held the appeal division's decision was reasonable under Vavilov: the appeal division reasonably found the Commission failed to exercise its discretion in a judicial manner and correctly concluded the Commission could not reexamine the 2016 and 2017 claims but was justified in reexamining...

Source-derived case information.

Citation
2026 CAF 9
Parties
Applicant: Procureur général du Canada; Respondent: Diane Beaurivage
Court
Federal Court of Appeal
Jurisdiction
Canada
Judgment Date
19 January 2026
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application for judicial review dismissed with costs.
Legal Topics
Judicial Review, Discretion, Res Judicata, Jurisprudential Change, Standard of Review
Source Language
fr
Administrative Law Social Security Employment Insurance Judicial Review Discretion Res Judicata Jurisprudential Change Standard of Review

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Legal principles 4 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Procureur général du Canada

Applicant

Diane Beaurivage

Respondent

Procedural Posture

Judicial Review / Final Judgment

  1. 1 Whether the appeal division's decision was reasonable under the Vavilov standard
  2. 2 Whether the Commission exercised its discretionary power in a judicial manner when reexamining prior benefit decisions
  3. 3 Whether a 2018 line of Tribunal decisions constituted a change in the law justifying reexamination

Ratio Decidendi

The Federal Court of Appeal held the appeal division's decision was reasonable under Vavilov: the appeal division reasonably found the Commission failed to exercise its discretion in a judicial manner and correctly concluded the Commission could not reexamine the 2016 and 2017 claims but was justified in reexamining the 2018 claim due to a jurisprudential change; accordingly the judicial review application was dismissed.

Court Disposition

Application for judicial review dismissed with costs.

Orders

  • Application for judicial review dismissed
  • Costs awarded to respondent