LEO ARGÜELLO c. PGC
Leo Argüello
Law Firm / Organization
Unrepresented
Attorney General of Canada
Law Firm / Organization
Department of Justice Canada
Lawyer(s)

Emmanuelle Rochon

Background:

  • Argüello sought judicial review of Canada Revenue Agency (CRA) decisions denying eligibility for Canada Recovery Benefit (CRB) and Canada Worker Lockdown Benefit (CWLB).
  • CRA's decisions were based on Argüello not meeting the $5,000 income requirement for 2019, 2020, 2021, or the 12 months preceding his first application. For CWLB, he also failed to establish he was not working for reasonable or COVID-19 related reasons.
  • Argüello contended that the CRA breached procedural fairness and incorrectly calculated his income.

Legal Issues:

  1. CRB and CWLB Eligibility: Whether CRA's decisions on Argüello's ineligibility were reasonable.
  2. Procedural Fairness: Evaluation of the CRA's compliance with procedural fairness in Argüello's case.

Judgment:

  • Judge: Denis Gascon
  • Decision: The judicial review application was allowed.
  • Reasoning:
    • The Court found CRA's decisions unreasonable in light of Argüello's specific circumstances and a breach of procedural fairness.
    • Argüello's amended 2019 tax return and additional receipts for services were not adequately considered.
    • CRA's decision-making process did not meet the standards of transparency, intelligibility, and procedural fairness.

Conclusion:

  • The Federal Court annulled the CRA’s decisions and ordered a re-examination of Argüello’s case by a new officer, emphasizing the need for reasonable and procedurally fair administrative decision-making. Argüello was awarded $500 in costs.
Federal Court
T-2357-22
Taxation
$ 500
Applicant
10 November 2022