Nadeem sought judicial review of the Canada Revenue Agency's (CRA) decision denying her Canada Recovery Benefit (CRB) application. The CRA found she did not earn the minimum $5,000 income in 2019, 2020, or the 12 months preceding her application.
Nadeem applied for CRB for 27 two-week periods from September 27, 2020, to October 9, 2021, and submitted various documents to support her application.
Legal Issues:
CRB Eligibility: Assessment of whether Nadeem met the income threshold for CRB eligibility.
Procedural Fairness: Evaluation of the CRA's process in assessing and deciding Nadeem's CRB eligibility.
Judgment:
Judge: Mr. Justice Manson
Decision: The application was allowed.
Reasoning:
The Court found the CRA's decision unreasonable and procedurally unfair.
The CRA's reasons for the decision were inadequate, particularly in not considering all of Nadeem's income, including earnings from a "side job."
The Court disagreed with the CRA's rationale that income from a "side job" could not count towards the $5,000 threshold.
Remedial Action: The case was returned to a different CRA agent for reconsideration.
Costs: No costs were awarded.
Conclusion:
The Federal Court allowed Nadeem's application, emphasizing the need for a rational and fair assessment of all income sources in determining CRB eligibility. The decision highlights the importance of comprehensive consideration of evidence in administrative decision-making.
