Mr. Aspilaire sought judicial review of what he described as a December 22, 2025 CRA decision denying his Canada Recovery Benefit claim. The letter he identified concerned the Canada Emergency Response Benefit and said repayment of that benefit was remitted. His Canada Recovery Benefit ineligibility decision had been issued on January 15, 2025. Justice Duchesne held that the notice of application misdescribed the very decision under review. Applying the Federal Court of Appeal's JP Morgan test, the court struck the application without permission to amend, because amendment would necessarily involve challenging a different decision. No costs were awarded. The court wasn't deciding whether he qualified for either benefit.
Case Commentary
Aspilaire c. Canada (Procureur général), 2026 CF 1272
The Federal Court struck a judicial review application that challenged a Canada Recovery Benefit decision supposedly made in December 2025. The identified CRA letter actually addressed a different benefit, and amendment couldn't cure the error.
Source reviewed · Court holding
Held. The Federal Court struck a judicial review application that challenged a Canada Recovery Benefit decision supposedly made in December 2025.
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