In the case Chen v. Canada (Attorney General) dated September 25, 2023, Mr. Wei Chen shared an apartment with Ms. Xin Shao in 2020 and had a meal-sharing arrangement where he cooked and was paid $400 monthly.
He later applied for employment insurance benefits, claiming he was employed by Ms. Shao for 140 hours over six months.
The Canada Employment Insurance Commission denied his benefits, leading Mr. Chen to appeal to various divisions of the Social Security Tribunal. The Tribunal sought the Canada Revenue Agency's (CRA) input, which ruled that Mr. Chen wasn't an employee or self-employed.
On multiple instances, his appeals were either dismissed or returned for reconsideration, with all divisions ultimately bound by the CRA's decision.
Mr. Chen sought a judicial review of the Tribunal's decision, arguing, among other things, about the jurisdiction of the Tribunal, fairness, and the treatment of his evidence.
However, the court determined that the Appeal Division's decision was not unreasonable and dismissed his application for judicial review.
