Executive Summary: Key Legal and Evidentiary Issues

• Judicial review was sought over CRA’s denial of eligibility for federal COVID-19 benefits (CRB and CERB).

• The Federal Court summarily dismissed the application due to repeated procedural non-compliance.

• Appellant argued that Registry staff failed to inform him of deadlines and affidavit requirements.

• Court emphasized that self-represented litigants must still comply with the Federal Courts Rules.

• The affidavit evidence filed by the appellant was found to be non-compliant despite extensions.

• Federal Court of Appeal upheld the lower court’s decision, awarding $300 in costs to the respondent.

Facts and outcome of the case

David J. Yablecki appealed a decision of the Federal Court that dismissed his application for judicial review. The underlying matter involved the Canada Revenue Agency (CRA) finding Mr. Yablecki ineligible for the Canada Recovery Benefit (CRB) and the Canada Emergency Response Benefit (CERB), both temporary income support programs created in response to the COVID-19 pandemic.

On October 26, 2022, Mr. Yablecki applied for judicial review of these CRA decisions. However, the Federal Court dismissed the application on October 27, 2023, after finding that Mr. Yablecki repeatedly failed to comply with procedural deadlines set out in the Federal Courts Rules or by court order. Despite being granted multiple deadline extensions in July and August 2023, he failed to submit compliant affidavit evidence. The Court noted he had been clearly informed of the deficiencies and given extra time to correct them, but still did not fulfill the procedural requirements.

In his appeal to the Federal Court of Appeal, Mr. Yablecki claimed that Court Registry staff failed to inform him of required deadlines and affidavit standards. The appellate court, however, agreed with the Federal Court’s reasoning, noting that the Federal Courts Rules provide clear procedural guidance. The Court acknowledged the challenges faced by self-represented litigants but emphasized that the appellant was given ample opportunity to comply and seek legal assistance.

Ultimately, the Federal Court of Appeal found no error in the Federal Court’s exercise of discretion and dismissed the appeal. The Court awarded costs to the Attorney General of Canada in the all-inclusive amount of $300.