HUI PING HU v THE ATTORNEY GENERAL OF CANADA
HUI PING HU
Law Firm / Organization
Unrepresented
THE ATTORNEY GENERAL OF CANADA
Law Firm / Organization
Department of Justice Canada
Lawyer(s)

Emmanuelle Rochon

Case Overview:

  • Hu sought judicial review of the CRA's decision dated October 6, 2022, which found her ineligible for the Canada Recovery Benefit (CRB). The decision was based on the determination that she did not meet the required income threshold for CRB eligibility.

Key Legal Points:

  1. CRB Income Requirement: CRB necessitated a minimum income of $5,000 from employment or self-employment before applying.
  2. CRA's Assessment: CRA concluded Hu did not fulfill this income criterion.
  3. Hu's Claims: Hu argued the decision was unreasonable and procedurally unfair. She maintained that the CRA did not properly review her evidence, which she believed demonstrated her eligibility.

Court's Analysis and Decision:

  • Evidence Review: The Court found the CRA's decision reasonable, noting that Hu had not provided sufficient evidence to demonstrate she met the CRB's income requirement.
  • Procedural Fairness: The Court rejected Hu's claims of procedural unfairness, affirming that the CRA had followed appropriate procedures in its decision-making process.
  • Reasonableness of Decision: The Court applied a reasonableness standard and found that the CRA's decision was justified and coherent in light of the evidence and legal constraints.

Conclusion:

  • The Federal Court dismissed Hu's application for judicial review, upholding the CRA's decision as reasonable and procedurally fair. The judgment was issued without costs.
Federal Court
T-2324-22
Social welfare
Respondent
04 November 2022