Appellant
Respondent
- Parties: The appellant was Hui Ping Hu. The respondent was the Attorney General of Canada.
- Subject Matter: The Canadian Recovery Benefits Act, 2020 introduced the Canada Recovery Benefit (CRB). The Canada Revenue Agency (CRA) issued a second-level decision finding the appellant ineligible for the CRB on the grounds that she failed to meet the income requirement because she had not earned at least $5,000 (before taxes) of employment or net self-employment income in 2019, in 2020, or in the 12 months before the date of her first application, which was the minimum applicable income during the relevant period. The appellant applied for judicial review of the CRA’s decision. The Federal Court dismissed the application, which prompted this appeal.
- Ruling: The appeal court ruled in the respondent’s favour and dismissed the appeal. The appeal court found no reviewable error in the Federal Court’s determination that the second-level decision was neither unreasonable nor procedurally unfair such that the appeal court could intervene. The appeal court said that its role was not to reweigh the evidence on judicial review even if the appellant disagreed with the decision and presented fresh evidence for the purpose of a reassessment of her claim.
- Date: The hearing was set on Dec. 11, 2024. The court released its decision on Dec. 19, 2024.
- Venue: This was a federal case before the Federal Court of Appeal.
- Amount: The appeal court awarded no costs as the respondent advised that he was no longer seeking costs in this matter.
Court
Federal Court of AppealCase Number
A-368-23Practice Area
Pensions & benefits lawAmount
$ 0Winner
RespondentTrial Start Date
28 December 2023Download documents