XIN YAN v ATTORNEY GENERAL OF CANADA
Xin Yan
Law Firm / Organization
Unrepresented
ATTORNEY GENERAL OF CANADA
  1. CRA's Decisions: Denied Xin's applications for CERB and CRB, citing non-compliance with eligibility criteria??.
  2. Xin's Position: Argued CRA's decisions lacked procedural fairness and were unreasonable??.
  3. Eligibility Criteria: For CERB and CRB, a minimum income of $5000 from specified sources and disruption of work due to COVID-19 were required??.
  4. Xin's Circumstances: Had a disability since 2016 and was financially supported by the Ontario Disability Support Program (ODSP). Worked as an Uber driver in 2018 but earned less than $5000. Was unable to work from late 2018 due to injury and the COVID-19 pandemic??.
  5. CRA's Review Process: Reviewed Xin's letters and documents, but no additional evidence was found to support his claims??.
  6. Court's Findings:
    • Procedural Fairness: CRA provided Xin ample opportunity to be heard, and he failed to demonstrate insufficient efforts by CRA to contact him??.
    • Reasonableness of CRA's Decisions: Upheld as reasonable, based on coherent and rational analysis of facts and law. Xin's arguments did not demonstrate any significant errors or misinterpretation of facts by CRA??.

Conclusion:

  • Judgment: Application dismissed. Xin failed to prove that CRA's decisions were procedurally unfair or unreasonable.
  • Implications: CRA's denial of CERB and CRB to Xin was upheld, emphasizing the importance of meeting specific statutory eligibility criteria and the reasonableness of administrative decisions.
Federal Court
T-688-21
Taxation
$ 0
Respondent
26 April 2021