- Parties: The applicant was Diane Beaurivage. The respondent was the Procureur général du Canada.

- Subject Matter: The Canada Employment Insurance Commission denied the applicant’s claim for employment insurance benefits because she continued to use a cell phone for which her employer paid after the end of her employment. The Social Security Tribunal’s General Division confirmed the Commission’s decision. The applicant appealed. The Tribunal’s Appeal Division dismissed the applicant’s appeal. This prompted the applicant to file a judicial review application.

- Ruling: The appeal court ruled in the respondent’s favour and dismissed the application without costs since the respondent did not seek costs. The appeal court rejected the applicant’s argument that the standard of review should be that of correctness and instead found that the applicable standard of review was that of reasonableness. The appeal court held that the issues raised in this application were not among the exceptions to the presumption that judicial review would be according to the standard of reasonableness, listed in Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65, [2019] 4 SCR 653. Lastly, the appeal court decided that the case could not succeed regardless of the applicable standard of review.

- Date: The hearing was set on Feb. 19, 2024. The court released its decision on Feb. 19, 2024.

- Venue: This was a federal case before the Federal Court of Appeal.

- Amount: No financial award was specified.