Clarke applied for the Canada Recovery Benefit (CRB). The Canada Revenue Agency (CRA) determined he was ineligible because he voluntarily quit his job.
The Respondent conceded that Clarke was not given an opportunity to make submissions on the reasonableness of leaving his job, and that the decision was procedurally unfair.
Clarke requested the Court to remit the matter back to the CRA, instructing them on his eligibility for CRB, and sought costs against the CRA.
Key Legal Issues:
CRB Eligibility: Whether Clarke was eligible for the CRB, particularly in light of the procedural fairness issues.
Procedural Fairness: Assessment of the CRA’s decision-making process, given the lack of opportunity for Clarke to make relevant submissions.
Remedial Actions: Determining the appropriate course of action following the identification of procedural unfairness.
Judgment:
Judge: The Honourable Madam Justice Elliott
Decision: Application for judicial review allowed.
Reasoning:
The Court agreed that Clarke should have been given the opportunity to address the issue of his voluntary job resignation during the CRA's review process.
The Court set aside the decision and referred the matter back for redetermination by a different CRA officer.
Clarke was encouraged to make further submissions and provide additional documentation on redetermination.
Costs: Clarke's claim for costs, other than out-of-pocket disbursements, to be determined by the assessment officer.
Conclusion:
The Federal Court allowed Clarke’s application for judicial review, emphasizing the need for procedural fairness in administrative decision-making, especially in cases involving benefits like CRB. The case underscores the importance of allowing applicants to fully present their case in such proceedings.
