13 Jul 2023
Kenney v. Canada (Attorney General)
- Fernand Kenney sought judicial review of the Veterans Tribunal Review Committee's decision (May 3, 2022) which denied his request to reconsider an earlier decision (July 19, 2021) increasing his care allowance from Category 5 to Category 4, effective March 2015.
- Kenney argues he deserves a higher allowance (Category 2 or 3) retroactive to his initial application in December 2013.
- The Review Committee, under subsection 32(1) of the Veterans Board Act, can alter decisions if there are factual or legal errors, or new evidence.
- Kenney presented no new evidence or clear errors from the Appeal Committee's decision.
- The Review Committee dismissed Kenney's request at a preliminary stage, maintaining the original decision's category and start date.
- In the judicial review, Kenney challenged the merits of the decision, not the Review Committee's application of subsection 32(1).
- The Attorney General of Canada argued the Review Committee's decision was reasonable, with Kenney not establishing grounds for reconsideration.
- The court dismissed the judicial review application, finding no demonstration of unreasonableness in the Review Committee's decision and no grounds for intervention.
- The decision was seen as transparent, intelligible, and justified, with no costs awarded.