Appellant
Respondent
- Parties: The appellant was Abasse Asgaraly. The respondent was the Procureur général du Canada.
- Subject Matter: The appellant applied for the Canada Recovery Benefit for 14 two-week periods from Oct. 11, 2020 to Apr. 24, 2021. His applications were initially accepted. Later, the Canada Revenue Agency thrice reviewed his applications, information from his income tax returns, and information that he provided in support of his applications. The Agency found him ineligible for the benefit because he did not earn at least $5,000 in employment or net self-employment income before taxes in 2019, 2020, or the 12-month period preceding the date of his first application. He brought a judicial review application challenging the Agency's decision. The Federal Court dismissed his application. He appealed the Federal Court’s decision.
- Ruling: The appeal court ruled in the respondent’s favour and dismissed the appeal. The appeal court held that the Federal Court correctly applied the standard of review when it found the Agency’s decision reasonable in light of the evidence provided by the appellant and the applicable law. With respect to his argument that the Agency’s process did not respect procedural fairness, the appeal court concluded that the evidence did not support this claim.
- Date: The hearing was set on Sept. 18, 2024. The court released its decision on Sept. 18, 2024.
- Venue: This was a federal case before the Federal Court of Appeal.
- Amount: The appeal court awarded costs in the amount of $200.
Court
Federal Court of AppealCase Number
A-268-23Practice Area
Pensions & benefits lawAmount
$ 200Winner
RespondentTrial Start Date
02 October 2023Download documents