Brychka, a self-employed cleaner, received Canada Recovery Benefit (CRB), Canada Recovery Sickness Benefit (CRSB), and Canada Worker Lockdown Benefit (CWLB) between September 2020 and March 2022.
Canada Revenue Agency (CRA) reviewed her eligibility and concluded she didn't meet income requirements for these benefits, requiring repayment.
Brychka argued procedural unfairness and unreasonable decision-making by CRA, stating her income significantly declined due to COVID-19.
Legal Issues:
Benefits Eligibility Review: Assessing whether Brychka met the income requirements for CRB, CRSB, and CWLB.
Procedural Fairness: Evaluating the fairness of CRA's review process and decision-making.
Judgment:
Judge: Madam Justice Pallotta
Decision: Application for judicial review allowed.
Reasoning:
Brychka was not fully aware of the case against her and wasn't given a fair chance to respond.
The CRA did not adequately explain why her evidence was insufficient to meet the $5,000 income threshold.
The Court found that Brychka may have been eligible based on her 2019 income, which wasn't properly considered.
Costs: Brychka awarded $400 for out-of-pocket expenses.
Conclusion:
The Court referred Brychka's eligibility for benefits back to CRA for redetermination by another officer, emphasizing the need for clear communication and a fair opportunity for applicants to respond in benefit eligibility reviews.
