1 Nov 2023
MICHEL BOUCHARD v ATTORNEY GENERAL OF CANADA
Case Overview:
- Judicial Review Application: Bouchard sought judicial review of two decisions made by a CRA agent dated August 4, 2022. These decisions denied him eligibility for the Canadian Emergency Response Benefit (CERB) and the Canadian Recovery Benefit (CRB), on the grounds that he did not meet the required income threshold.
Key Legal Points:
- Income Requirements for Benefits: The laws governing CERB and CRB require a minimum income of $5,000 from employment or self-employment before applying.
- CRA's Evaluation: The CRA concluded Bouchard did not meet this income threshold.
- Bouchard's Argument: He claimed that the decisions were unreasonable. Bouchard argued that his T5 form for the 2020 taxation year and other documentation demonstrated he met the income requirements.
- Evidence Examination: The CRA agent noted Bouchard had not received any income or salary since 2013, except for dividends declared in March 2021. There was a lack of detailed evidence regarding the work performed for these dividends.
Court's Analysis and Decision:
- Admissibility of Evidence: The Court rejected Bouchard's additional evidence not previously submitted to the CRA agent.
- Reasonableness of Decisions: The Court agreed with the CRA's conclusions, finding the decisions to be reasonable.
- Lack of Satisfactory Proof: Bouchard failed to provide substantial evidence of meeting the eligibility criteria for the benefits.
Conclusion:
- The Federal Court dismissed Bouchard's application for judicial review. Considering Bouchard's legal aid representation, no costs were awarded.