Hussain v. Canada (Revenue Agency)
Shamayal Hussain
Law Firm / Organization
Unrepresented
Attorney General of Canada
Law Firm / Organization
Department of Justice Canada
Lawyer(s)

Mathilde Romano

- Parties: The applicant was Shamayal Hussain. The respondent was the Attorney General of Canada.

- Subject Matter: The Canada Revenue Agency (CRA) issued decisions finding the applicant ineligible for the Canada Emergency Response Benefit (CERB) and the Canada Recovery Benefit (CRB). He sought judicial review of the two decisions. The respondent conceded that the CRB decision was unreasonable and should be returned to the CRA for redetermination.

- Ruling: The court granted the judicial review application regarding the CRA’s Nov. 9, 2022 decision denying the applicant’s eligibility for the CRB, sent back to the CRA that aspect of the case for a new determination, and dismissed the application regarding the decision’s aspect denying the applicant’s eligibility for the CERB. The court held that the applicant failed to show that the CERB decision was unreasonable. If the applicant had income sources other than employment, he should have been able to provide some evidence and explain the income’s nature, the court said. If he had employment as a server, as he indicated to the officers, he should have been able to give pay slips or bank deposits for 2019, the court added. Since he chose to do neither, the court refused to disturb the second-level review officer’s CERB decision, which was found to be reasonable.

- Date: The hearing was set on Sept. 5, 2023. The court released its decision on Oct. 18, 2023.

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

- Amount: The court granted no costs.

Federal Court
T-2663-22
Pensions & benefits law
$ 0
Other
19 December 2022