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SAMUEL D. VERREAULT c LE PROCUREUR GÉNÉRAL DU CANADA

Case Overview:

  • Judicial Review Application: Verreault sought judicial review of a decision made by the Appeal Division of the Social Security Tribunal, dated September 23, 2021. The Tribunal had rejected his request for an extension of time to file an appeal. Verreault contended that the decision violated procedural fairness principles and was arbitrary.

Key Legal Points:

  1. Extension of Time Request: Verreault's request for an extension was to appeal a decision regarding employment insurance benefits.
  2. Tribunal's Rejection: The Tribunal determined that the delay in filing the appeal was excessive, and Verreault did not present special circumstances justifying the delay. The Tribunal also found that the appeal had no reasonable chance of success.
  3. Procedural Fairness Argument: Verreault claimed that the Tribunal's decision violated the audi alteram partem rule and was arbitrary.

Court's Analysis and Decision:

  • Consideration of Evidence: The Court found that the Tribunal had reviewed all relevant evidence and reasonably concluded that Verreault's appeal was unlikely to succeed.
  • Reasonableness of Decision: The Court deemed the decision reasonable, justifying that the Tribunal respected procedural fairness rules.
  • Evaluation of Procedural Fairness: The Court rejected Verreault’s claims of procedural unfairness, affirming that the Tribunal had followed appropriate procedures.

Conclusion:

  • The Federal Court dismissed Verreault's application for judicial review without costs. It found the Tribunal's decision to be reasonable and in line with procedural fairness standards.
SAMUEL D. VERREAULT
Law Firm / Organization
Stéphane Harvey Avocats inc.
Lawyer(s)

Stéphane Harvey

LE PROCUREUR GÉNÉRAL DU CANADA
Law Firm / Organization
Department of Justice Canada
Lawyer(s)

Suzette Bernard

Federal Court
T-1621-21
Social welfare
Not specified/Unspecified
Respondent
25 October 2021