Applicant
Respondent
- Parties: The applicant was Moshine El Harim. The respondent was the Attorney General of Canada.
- Subject Matter: The applicant, a self-employed architect, could no longer solicit business from clients after the COVID-19 pandemic’s emergence. He unsuccessfully claimed the Canada Emergency Response Benefit (CERB) for seven four-week periods (Mar. 15, 2020 to Sept. 26, 2020); the Canada Recovery Benefit (CRB) for 27 two-week periods (Sept. 27, 2020 to Oct. 9, 2021); and the Canada Worker Lockdown Benefit (CWLB) for periods 1, 9–13, and 15, totaling seven periods (between Oct. 24, 2021 and Feb. 5, 2022).
- Ruling: The court ruled in the applicant’s favour, allowed the judicial review application, and returned his file relating to his CERB, CRB, and CWLB claims for reconsideration by another CRA officer. The court concluded that the officer’s reasoning and conclusions failed to meet the justification and transparency requirements in Canada (Minister of Citizenship and Immigration) v Vavilov, 2019 SCC 65. The court found that the officer failed to explain why he ignored the plans and drawings of the applicant’s architectural projects that corroborated other evidence, including a client’s letter confirming the work that he had undertaken and receipts containing his clients’ telephone numbers and a description of the services rendered.
- Date: The hearing was set on Sept. 25, 2023. The court released its decision on Dec. 14, 2023.
- Venue: This was a federal case before the Federal Court.
- Amount: The court awarded the applicant costs totalling $500, which it found reasonable and justified.
Court
Federal CourtCase Number
T-2592-22Practice Area
Pensions & benefits lawAmount
$ 500Winner
ApplicantTrial Start Date
09 December 2022Download documents