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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.
La Cour fédérale rejette le contrôle judiciaire : l’ARC a raisonnablement conclu que M. Ciaburro n’avait pas démontré 5 000 $ de revenus admissibles pour la PCU.
La Cour fédérale rejette le contrôle judiciaire de Karine Ouellet visant une décision d’inadmissibilité à la PCRE, jugeant l’analyse de l’ARC raisonnable.
The Federal Court dismissed judicial review of a CERB remission denial, holding the CRA had to apply the CESB statute despite a misleading form, and awarded costs to the applicant.
Permission to appeal was refused because the claimant failed to demonstrate an arguable case that the General Division made a reviewable legal or important factual error; the evidence and Record of Employment supported the General Division's finding of 505 insurable hours versus the 560 required, and issues concerning employer conduct and refund of contributions were outside the General Division's remit.
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La Cour fédérale rejette le contrôle judiciaire du refus de PCRE, jugeant raisonnable la décision de l’ARC fondée sur une preuve documentaire insuffisante et une perte de revenu attribuée à un choix personnel.
The Federal Court dismissed judicial review of a CRA second-review decision denying CERB eligibility for failure to prove $5,000 in qualifying income.
The Appellant had 522 hours of insurable employment in the accepted qualifying period (Aug 18, 2024 to Aug 16, 2025), which is below the 600-hour threshold required for sickness benefits absent qualification under the general rule; antedating was not available because she was not qualified on the earlier date, therefore she does not meet statutory eligibility and the appeal must be dismissed.
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The Court dismissed the appeal because the appellant failed to demonstrate that the Federal Court erred in applying the reasonableness standard; the CRA's conclusion that the appellant did not prove the $7,000 was dividend income and thus failed to meet the $5,000 eligibility threshold was reasonable.
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Appellant failed to prove, on a balance of probabilities, that he had good cause for the entire delay because the evidence showed he had the capacity and means to make basic enquiries (internet access, completed co-op, international travel) and his disability evidence did not establish an inability to perform those basic tasks; therefore the application cannot be antedated to January 5, 2025.
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