Applicant
Respondent
- Parties: The applicant was Paul Richard. The respondent was the Attorney General of Canada.
- Subject Matter: In 2019, on the Minister of Health’s recommendation, the Governor in Council made the Canadian Thalidomide Survivors Support Program Order. The order established the Canadian Thalidomide Survivors Support Program, which replaced the 2015 program. One eligibility criterion required a person to be born within the period from Dec. 3, 1957 to Dec. 21, 1967. The applicant, who was found ineligible because he was born in 1969, filed a judicial review application seeking to strike down as unreasonable the date-of-birth test in the 2019 order. The applicant claimed that the temporal test lacked justification for the dates chosen. The respondent argued that the test was reasonable and that, in any event, the question of the test’s reasonableness was not a justiciable issue.
- Ruling: The court ruled in the applicant’s favour and granted the judicial review application. The court found the date-of-birth criterion in paragraph 3(5)(a)(i) of the 2019 order unreasonable. The court rescinded this criterion and held that the third-party administrator of the Canadian Thalidomide Survivors Support Program could not take this criterion into account.
- Date: The hearing was set on June 13, 2023. The court released its decision on Apr. 29, 2024.
- Venue: This was a federal case before the Federal Court.
- Amount: No financial award was specified.
Court
Federal CourtCase Number
T-1321-21Practice Area
Health lawAmount
$ 0Winner
ApplicantTrial Start Date
26 August 2021