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Milan v. Canada (Attorney General)

- Parties: The applicant was Samia Milan. The respondent was the Attorney General of Canada. 

- Subject Matter: The applicant, a self-employed real estate agent in Montreal, alleged that she could no longer visit homes and perform her client representation and solicitation activities after the outbreak of the COVID-19 pandemic. She also alleged higher prices and interest rates after the easing of public health measures. She unsuccessfully applied for the Canada Recovery Benefit (CRB) for 27 periods (the maximum number) of two weeks (Sept. 27, 2020 to Oct. 9, 2021) and for the Canada Worker Lockdown Benefit (CWLB) for periods 1–3 and 14–16, for a total of six periods (between Oct. 24, 2021 and Feb. 12, 2022). She then filed two judicial review applications (T-2476-22 and T-2478-22). The court consolidated these applications and designated T-2476-22 as the lead case. 

- Ruling: The court ruled in the respondent’s favour and dismissed the judicial review applications. The court found it reasonable for the Canada Revenue Agency’s officer to find the applicant ineligible for either the CRB or the CWLB as she did not meet the minimum income criterion. The court deemed this finding justified relating to the facts and the relevant provisions of the Canada Recovery Benefits Act, 2020 and the Canada Worker Lockdown Benefit Act, 2021. 

- Date: The hearing was set on Nov. 7, 2023. The court released its decision on Jan. 4, 2024. 

- Venue: This was a federal case before the Federal Court. 

- Amount: The court awarded no costs. 

Samia Milan
Law Firm / Organization
Unrepresented
Attorney General of Canada
Federal Court
T-2476-22
Pensions & benefits law
Not specified/Unspecified
Respondent
28 November 2022