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The Federal Court allowed judicial review of a CERB ineligibility decision, finding the CRA agent failed to engage with gross-versus-net income and summer employment arguments.
The Federal Court dismissed a judicial review of an EI debt write-off refusal, holding the Commission reasonably found the regulatory conditions precedent were not met.
The Federal Court found CRA benefit ineligibility decisions unreasonable and procedurally unfair, then quashed them and remitted the matter for redetermination.
The Federal Court granted judicial review on procedural fairness grounds, remitting a CERB/CRB eligibility decision for redetermination by a different decision maker.
The CRA's written July 25, 2024 decisions were reasonable: the CRA officer reasonably concluded Mr. Li did not demonstrate at least $5,000 of net self-employment income for the relevant periods, properly declined to rely on the documentation provided without additional proof of actual income, and the ITA attribution rules do not change the distinct statutory eligibility requirements for CERB and CRB; the review process was procedurally fair.
Source excerpt
La Cour fĂ©dĂ©rale rejette le contrĂŽle judiciaire de Mme MĂ©nard et confirme lâinadmissibilitĂ© Ă la PCU et Ă la PCRE, faute de preuve dâun revenu admissible de 5 000 $.
The Notice of Constitutional Question was disallowed because it was not properly served on provincial and territorial attorneys general, was inadequately pleaded, and was first raised on appeal; the CRA's November 20, 2023 decision denying CRCB was reasonable given the appellant conceded she was not working immediately prior to caring for her child and thus did not lose work hours under s.17 CRBA; there was no breach of procedural fairness by the CRA or reversible error by the Federal Court; appeal dismissed with costs to the respondent.
Source excerpt
The Federal Court dismissed Matthew Simserâs judicial review of a CRA second review finding that he was ineligible for CRB because his net self-employment income was below $5,000.
The CRA's decision denying CRB was reasonable because the record showed the submitted documents related primarily to the appellant's corporation and did not sufficiently establish that the appellant personally earned at least $5,000 in the relevant periods; the Act did not require treating corporate invoices or financial statements as conclusive proof of personal self-employment income, and the Federal Court's dismissal was properly affirmed.
Source excerpt
La Cour fĂ©dĂ©rale rejette le contrĂŽle judiciaire visant le refus de la PCU, concluant que la preuve du demandeur ne dĂ©montrait pas un revenu admissible dâau moins 5 000 $.
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