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Federal Court granted judicial review of CRA denials of CERB and CRB to Bianca Potvin, finding the reasons insufficiently transparent and remitting the matter for reconsideration.
Judicial review dismissed: the CRA reasonably found the applicant ineligible for CERB and CRB, and the process was procedurally fair.
The Federal Court dismissed an application for judicial review of a CRA decision denying CRB eligibility, finding the officer’s reasonableness analysis supported by the record.
The Federal Court dismissed judicial review of a CRA decision finding Ms. Rosenberger ineligible for CRB and CERB for failing to prove $5,000 in eligible income.
The Tribunal found the incapacity rule did not apply because there was no medical evidence showing the Appellant was incapable of forming or expressing an intention at any time and the Appellants documented activities (work history, education, applications for provincial benefits, obtaining health coverage, and seeking assistance from her psychiatrist) demonstrated capacity; therefore payments cannot be backdated before April 2022 and the appeal is dismissed.
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The appellant failed to prove on a balance of probabilities that she had a severe disability by December 31, 2017 because medical records before the MQP only established fibromyalgia with limited and intermittent treatment and visits in 2017, the appellant continued to work through and after the MQP (reporting about 230 hours per month in December 2017), had transferable skills and ability to retrain for sedentary work, and did not demonstrate efforts to obtain or retain suitable work; therefore the disability was not severe and it was unnecessary to decide prolongation.
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The Federal Court dismissed Ms. Zeng’s judicial review of the CRA’s refusal of CRCB benefits, holding the decision was reasonable and procedurally fair.
The Federal Court dismissed Paul James Yates’s judicial review, upholding CRA decisions finding him ineligible for CERB and CRB for failure to prove $5,000 in eligible income.
Leave to appeal was refused because the Applicant failed to identify or articulate an arguable error by the General Division; the General Division applied the correct legal tests, provided a fair process, and correctly concluded the Applicant had only 40 hours in the qualifying period which is insufficient to establish a new EI claim.
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Applying Ding factors and De Carolis, the Tribunal accepted the Minister’s acknowledged periods, recognized residence from January 28, 1988 to February 28, 1989 and from June 14, 2023 to September 18, 2025 based on documentary evidence and testimony, rejected other disputed periods for lack of persuasive ties to Canada, and concluded the appellant had resided in Canada for a total of 11 years and 234 days, satisfying the 10‑year threshold and entitling him to a partial OAS pension of 11/40.
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